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Fragmentation Of International Trade Law Reassessed
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Book Synopsis Fragmentation of International Trade Law Reassessed by : Patrick Wasilczyk
Download or read book Fragmentation of International Trade Law Reassessed written by Patrick Wasilczyk and published by Springer Nature. This book was released on 2023-12-21 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides innovative and empirically based insights into the ongoing debate on the fragmentation of international trade law. It offers the reader a much-needed doctrinal overview of the different approaches to the issue of fragmentation and reveals their inherent methodological advantages and limitations. On this basis, the book then approaches the issue of fragmentation from an empirical standpoint by applying a novel dataset on Preferential Trade Agreements’ Dispute Settlement Mechanisms (PTA-DSMs), which have been used to adjudicate general exception clauses within the context of the individual PTA Members’ obligation to liberalize trade in goods. Although the results remain limited to the single issue of PTA-DSM adjudication for liberalization of trade in goods, they are indicative of key misconceptions regarding the fragmentation of ITL. As the findings confirm, the PTA-DSMs assessed have ultimately come to equivalent decisions, taking into consideration their overall use, the nature of the legal commitments embedded in the respective PTAs, and the economic wellbeing of the respective PTA partners. The book reveals the influence of specific PTA-DSMs on other PTA-DSMs and thereby paves the way for legal unification, rather than fragmentation.
Book Synopsis The Principle of Systemic Integration by : Gabriel Orellana Zabalza
Download or read book The Principle of Systemic Integration written by Gabriel Orellana Zabalza and published by LIT Verlag Münster. This book was released on 2012 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: This dissertation analyzes whether or not the principle of systemic integration - as expounded in Article 31(3)(c) of the Vienna Convention on the Law of Treaties - contributes to attainment of a coherent international legal system. For this purpose, the book considers three general ideas: the "unity" of the international legal system and fragmentation; the general rule on treaty interpretation and the principle of systemic integration; and the role of systemic integration in the achievement of coherence. Each one involves specific issues and considerations which ultimately assist in addressing the main question as to the usefulness of the principle in the curtailment of fragmentation in the international legal system. Dissertation. (Series: Cologne Studies in International and European Law / Kolner Schriften zum internationalen und europaischen Recht - Vol. 24)
Book Synopsis Trading Fish, Saving Fish by : Margaret A. Young
Download or read book Trading Fish, Saving Fish written by Margaret A. Young and published by Cambridge University Press. This book was released on 2011-04-14 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: Numerous international legal regimes now seek to address the global depletion of fish stocks, and increasingly their activities overlap. The relevant laws were developed at different times by different groups of states. They are motivated by divergent economic approaches, influenced by disparate non-state actors, and implemented by separate institutions such as the World Trade Organization and the United Nations Food and Agriculture Organization. Margaret Young shows how these and other factors affect the interaction between regimes. Her empirical and doctrinal analysis moves beyond the discussion of conflicting norms that has dominated the fragmentation debate. Case-studies include the negotiation of new rules on fisheries subsidies, the restriction of trade in endangered marine species and the adjudication of fisheries import bans. She explores how regimes should interact, in fisheries governance and beyond, to offer insights into the practice and legitimacy of regime interaction in international law.
Book Synopsis Equity and Equitable Principles in the World Trade Organization by : Anastasios Gourgourinis
Download or read book Equity and Equitable Principles in the World Trade Organization written by Anastasios Gourgourinis and published by Routledge. This book was released on 2015-07-24 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses whether, and how, equity and equitable principles can be employed as juridical tools in the legal reasoning of judges and lawyers in World Trade Organization (WTO) disputes where there is interaction between norms derived from the multilateral trade regime and other international legal regimes. Bringing the literature on equity and equitable principles in international law up to date this book tackles several legal problems which have emerged in WTO dispute settlement practice as well as engaging with the concept of the fragmentation of international law. The book provides an original argument about the role and significance of equity and equitable principles in the debate over fragmentation by providing a coherent methodology for addressing conflicts and overlaps between WTO and non-WTO norms in the context of Dispute Settlement Body proceedings.
Book Synopsis International Courts and the Development of International Law by : Nerina Boschiero
Download or read book International Courts and the Development of International Law written by Nerina Boschiero and published by Springer Science & Business Media. This book was released on 2013-03-15 with total page 951 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains a collection of essays by leading experts linked to the outstanding characteristics of the scholar in honour of whom it is published, Tullio Treves, who combines his academic background with his practical experiences of a negotiator of international treaties and a judge of an international tribunal. It covers international public and private law related to international courts and the development of international law. Under Article 38 of its Statute, the International Court of Justice can apply judicial decisions only as a “subsidiary means for the determination of rules of law”. However, there are many reasons to believe that international courts and tribunals do play quite an important role in the progressive development of international law. There are a number of decisions which are inevitably recalled as the first step, or a decisive step, in the process of the formation of a new rule of customary international law. In these cases, can the judge be considered as a subsidiary of others? Are these cases compatible with the common belief that a judge cannot create law? Is this a peculiarity of international law, which is characterized by the existence of several courts but the lack of a legislator? Do decisions by different courts lead to the consequence of a fragmented international law? This volume provides the reader with an elaboration of various questions linked to the legislative role of courts. In their choices of subjects, some contributors have taken into account the general aspects of the development of international rules through court decisions or specific sectors of international law, such as human rights, international crimes, international economic law, environmental law and the law of the sea. Others have chosen the subject of the rules on jurisdiction and procedure of international courts. The question of the courts’ role in the development of areas of law different from public international law, namely private international law and European Union law, has also been considered. The information and views contained in this book will be of great value to academics, students, judges, practitioners and all others interested in the public and private international law aspects of the link between international courts and the development of international law.
Book Synopsis The Oxford Handbook of the Theory of International Law by : Anne Orford
Download or read book The Oxford Handbook of the Theory of International Law written by Anne Orford and published by Oxford University Press. This book was released on 2016-09-22 with total page 1000 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of International Legal Theory provides an accessible and authoritative guide to the major thinkers, concepts, approaches, and debates that have shaped contemporary international legal theory. The Handbook features 48 original essays by leading international scholars from a wide range of traditions, nationalities, and perspectives, reflecting the richness and diversity of this dynamic field. The collection explores key questions and debates in international legal theory, offers new intellectual histories for the discipline, and provides fresh interpretations of significant historical figures, texts, and theoretical approaches. It provides a much-needed map of the field of international legal theory, and a guide to the main themes and debates that have driven theoretical work in international law. The Handbook will be an indispensable reference work for students, scholars, and practitioners seeking to gain an overview of current theoretical debates about the nature, function, foundations, and future role of international law.
Book Synopsis Cultural Heritage in International Economic Law by : Valentina Vadi
Download or read book Cultural Heritage in International Economic Law written by Valentina Vadi and published by Martinus Nijhoff Publishers. This book was released on 2023 with total page 525 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Cultural Heritage in International Economic Law, Valentina Vadi offers an account of how international economic law contributes to global cultural governance, analysing the promises and pitfalls of such contributions.
Book Synopsis Multilevel Constitutionalism for Multilevel Governance of Public Goods by : Ernst Ulrich Petersmann
Download or read book Multilevel Constitutionalism for Multilevel Governance of Public Goods written by Ernst Ulrich Petersmann and published by Bloomsbury Publishing. This book was released on 2017-01-12 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first legal monograph analysing multilevel governance of global 'aggregate public goods' (PGs) from the perspective of democractic, republican and cosmopolitan constitutionalism by using historical, legal, political and economic methods. It explains the need for a 'new philosophy of international law' in order to protect human rights and PGs more effectively and more legitimately. 'Constitutional approaches' are justified by the universal recognition of human rights and by the need to protect 'human rights', 'rule of law', 'democracy' and other 'principles of justice' that are used in national, regional and UN legal systems as indeterminate legal concepts. The study describes and criticizes the legal methodology problems of 'disconnected' governance in UN, GATT and WTO institutions as well as in certain areas of the external relations of the EU (like transatlantic free trade agreements). Based on 40 years of practical experiences of the author in German, European, UN, GATT and WTO governance institutions and of simultaneous academic teaching, this study develops five propositions for constituting, limiting, regulating and justifying multilevel governance for the benefit of citizens and their constitutional rights as 'constituent powers', 'democratic principals' and main 'republican actors', who must hold multilevel governance institutions and their limited 'constituted powers' legally, democratically and judicially more accountable.
Book Synopsis WTO Law and Trade Policy Reform for Low-Carbon Technology Diffusion by : Zaker Ahmad
Download or read book WTO Law and Trade Policy Reform for Low-Carbon Technology Diffusion written by Zaker Ahmad and published by BRILL. This book was released on 2021-02-08 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: The open access publication of this book has been published with the support of the Swiss National Science Foundation. In WTO Law and Trade Policy Reform for Low-Carbon Technology Diffusion, Zaker Ahmad puts a spotlight on the crucial importance of dismantling market barriers and offering incentives to improve clean technology access and diffusion across borders. To that end, the author argues for a synergistic co-development of the international trade and climate legal regimes. Two case studies – one on carbon pricing, another on official export credit support – place the theoretical arguments in a practical trade policy setting. The emerging doctrine and principle of Common Concern of Humankind serves as the key theoretical and structural foundation of the work. A useful read for anyone interested in an effective role of trade law and policy to facilitate climate action.
Book Synopsis Feminist Dialogues on International Law by : Gina Heathcote
Download or read book Feminist Dialogues on International Law written by Gina Heathcote and published by Oxford University Press. This book was released on 2019-01-17 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the past decade, a sense of feminist 'success' has developed within the United Nations and international law, recognized in the Security Council resolution 1325 on women, peace and security, the increased jurisprudence on gender based crimes in armed conflict from the ICTR/Y and the ICC, the creation of UN Women, and Security Council sanctions against perpetrators of sexual violence in armed conflict. Contributing to the development of feminist and gender scholarship on international law, Gina Heathcote provides a feminist analysis of the central pillars of international law, noting the advances and limitations of feminist approaches. Through incorporating into mainstream international legal studies specific critical and feminist narratives, this book considers the manner in which feminist thinking has changed international law, and the manner in which international law has remained impervious to key feminist dialogues. It argues for a return to structural bias feminism that engages the foundations of international law and uses gender as a method for challenging post-millennium narratives on fragmentation, the role of international institutions, the nature of legal authority, sovereignty, and the role of international legal experts.
Book Synopsis Regime Interaction in International Law by : Margaret A. Young
Download or read book Regime Interaction in International Law written by Margaret A. Young and published by Cambridge University Press. This book was released on 2012-01-12 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading scholars advance the discussion of international law's fragmentation in new and provocative ways.
Book Synopsis Small and Medium-Sized Enterprises in International Economic Law by : Thilo Rensmann
Download or read book Small and Medium-Sized Enterprises in International Economic Law written by Thilo Rensmann and published by Oxford University Press. This book was released on 2017-06-09 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: International economic law, with its traditional focus on large multinational enterprises, is only slowly waking up to the new reality of small and medium-sized enterprises (SMEs), entering the global marketplace. In the wake of the digital revolution, smaller companies now play an important role in the global economic landscape. In 2015 the UN expressly called for SMEs to have greater access to international trade and investment, and it is increasingly recognized that the integration of SMEs provides one of the keys to creating a more sustainable and inclusive global economy. As SMEs increasingly permeate transnational supply chains, so interactions between these companies and international economic law and policy proliferate. Small and Medium-sized Enterprises in International Economic Law offers the first comprehensive analysis of the interaction between SMEs and international economic law. This book presents a broad international perspective, gathering together contributions by leading experts from academia, legal practice, and international organizations. It opens up a field of enquiry into this so far unexplored dynamic and provide a touchstone for future debate. The analysis covers a broad spectrum of international trade and investment law focusing on issues of particular interest to SMEs, such as trade in services, government procurement, and trade facilitation. Diverse perspectives illuminate regional developments (in particular within the EU) and the implications of mega-regional free trade agreements. The essays also examine questions of legitimacy of global economic governance; in particular, concerns surrounding the threat posed to the interests of domestic SMEs by the growing liberalization of international trade and investment. These essays constitute essential reading for practitioners and academics seeking to navigate a previously neglected trend in international economic law.
Book Synopsis China's WTO Accession Reassessed by : Wang Luolin
Download or read book China's WTO Accession Reassessed written by Wang Luolin and published by Routledge. This book was released on 2015-02-20 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt: China's accession to the World Trade Organisation in 2001 was a highly significant event both for China and for the wider world. This book argues that, although at the time some people doubted the likely benefits, China's WTO accession has been highly successful. It discusses how China has abided by its commitment to WTO terms and how WTO membership has contributed to China's reform and opening up; explores how vastly increased co-operative exchange with many countries around the world has been mutually beneficial in a range of fields including trade, science and culture; and shows how China's WTO membership has been a great stimulus both for China's economy and the world economy. The book considers the subject from a number of perspectives, and draws out lessons for future reform and development for China, and for China's relations with the rest of the world, emphasising the need to maintain a win-win approach.
Book Synopsis The Fragmented World by : Chris Edwards
Download or read book The Fragmented World written by Chris Edwards and published by Routledge. This book was released on 2015-06-03 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive textbook, first published in 1985, on the world economic, written specifically for non-specialists, compares neo-classical, neo-Ricardian and Marxist theories and policies in international economics. Theories of trade and money, and issues such as international debt crisis, the rise of the newly industrializing countries and the demands for a New International Economic Order, and explained clearly and concisely. A wide range of political economics across the political spectrum are discussed. This accessible book will be of interest to anyone who wants to make sense of the complexities of international economy and the competing theories on trade, money and crisis.
Book Synopsis The Challenge of Inter-legality by : Jan Klabbers
Download or read book The Challenge of Inter-legality written by Jan Klabbers and published by Cambridge University Press. This book was released on 2019-05-30 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first book-length treatment to describe and explain how legal orders can be interwoven and what to do about it. The volume discusses inter-legality in different legal fields, situates it within political and legal theory, and provides a normative assessment.
Book Synopsis Public Procurement and Labour Rights by : Maria Anna Corvaglia
Download or read book Public Procurement and Labour Rights written by Maria Anna Corvaglia and published by Bloomsbury Publishing. This book was released on 2017-09-21 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates patterns of fragmentation and coherence in the international regulatory architecture of public procurement. In the context of the major international instruments of procurement regulation, the book studies the achievement of social and labour policies, the most controversial and problematic instrumental uses of public procurement practices. This work offers an innovative comparative approach, discussing the ways in which the different international instruments-namely the EU Procurement Directives, the WTO Agreement on Government Procurement, the UNCITRAL Model Law and the World Bank's Procurement Framework-are able to implement labour and social purposes and, at the same time, ensure a regulatory balance with the principles of efficiency and non-discrimination. Scholarly, rigorous and timely, this will be important reading for international trade lawyers and procurement practitioners.
Book Synopsis Liberalizing International Trade after Doha by : David A. Gantz
Download or read book Liberalizing International Trade after Doha written by David A. Gantz and published by Cambridge University Press. This book was released on 2013-08-19 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: After ten years the Doha Development Round is effectively dead. Although some have suggested that Doha's demise threatens the continued existence of the GATT/WTO system, even with some risks of increasing protectionism, the United States, the European Union, Japan, Brazil, China and India, among others, have too much to lose to make abandoning the WTO a rational option. There are alternatives to a comprehensive package of new or amended multilateral agreements, including existing and future 'plurilateral' trade agreements, new or revised regional trade agreements covering both goods and services, and liberalized national trade laws and regulations in the WTO member nations. This book discusses these alternatives, which although less than ideal, may provide an impetus for continuing trade liberalization both among willing members and in some instances worldwide.
