2 Comments
User's avatar
Lorand B's avatar

Terrific analysis. I suppose another example of a non-dispute settlement incentive to comply with a positive obligation is the WTO TFA which conditions developing country obligations on developed country assistance. I was tempted to add the UK-EU TCA’s rebalancing mechanism (and similar based on safeguards) but these are not linked to positive obligations (do X) but to negative ones (don’t do Y).

Expand full comment
Devon Whittle's avatar

Thanks Lorand - the JSI E-Commerce also had a similar TFA-style transitional regime, although the latest text seems to have streamlined things somewhat and removed the direct link between capacity building and implementation.

Expand full comment