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LLM Perspectives

LLM Perspectives Online Publications

The WTO Appellate Body’s Subsidy Analysis in Canada-Renewable Energy / FIT

Recent WTO cases on renewable energy subsidies increased the conflict between trade and the environment by changing what "relevant market" means. This article examines "relevant markets" as a concept and analyses several flaws in the new "supply-side substitutability" argument by comparing rationales and applications in antitrust and WTO law.…

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Featured LLM Perspectives Online Publications

An Exaggerated Account of ICSID?: A Reply to Professor Robin Broad

Citing Pacific Rim Cayman LLC v. Republic of El Salvador, Prof. Robin Broad claims ICSID tribunals have a pro-corporate bias and lack concern for public interests, but such concerns are unfounded. ICSID's flaws are not as deep as is alleged, and no evidence supports allegations of substantial, consistent pro-investor bias.…

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LLM Perspectives Online Publications

Rawlsian Fairness and Appellate Oversight in International Commercial Arbitration

Efficient arbitration has always implicated a tension between the goals of finality and fairness. This article assesses the prospect of appeals in international commercial arbitration in light of Desierto’s Rawlsian analysis and considers the normative question of whether appellate mechanisms are necessary.…

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