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Author : John H. Jackson
Publisher :
ISBN 13 : 9781855673533
Total Pages : 0 pages
Book Rating : 4.6/5 (735 download)
Download or read book The World Trade Organization written by John H. Jackson and published by . This book was released on 1998 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Deborah Z. Cass
Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 306 pages
Book Rating : 4.3/5 (91 download)
Download or read book The Constitutionalization of the World Trade Organization written by Deborah Z. Cass and published by Oxford University Press, USA. This book was released on 2005 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a book about the constitutionalization of the World Trade Organization, and the contemporary development of institutional forms and democratic ideas associated with constitutionalism within the world trading system. It is about constitutionalization enthusiasts who promote institutions, management techniques, rights discourse and quasi-judicial power to construct a constitution for the WTO. It is about constitutional skeptics who fear the effect the phenomenon of constitutionalization is having on the autonomy of states, the capacity of the WTO to consider non-economic and non-free-trade goals, and democratic processes at the WTO and within the nation-state. The aim of the study, then, is to disentangle debates about the various meanings of the term 'constitution' when it used to apply to the World Trade Organization, and to reflect upon the significance of those meanings for more general international law conceptions of constitutions. Cass argues that the WTO is not and should not be described as a constitution, either by the standards of any received account of that term, or by the lights of any of the current WTO models. Under these definitions serious issues of legitimacy, democracy and community are at stake. The WTO would lack a proper political structure to balance the work of its judicial bodies; it may curtail the ability of states to decide matters of national economic interest; it lacks authorization by a coherent political community; and, it risks an emphasis upon economic goals and pure free trade over other, equally important, social values. Instead, Cass argues that what is needed is a constitutionalized WTO which considers the economic development needs of states and takes account of the skewed playing field of international trade and its effect on the economic prospects of developing countries. In short, trading democracy, legitimacy and community and not trading constitutionalization, are the biggest challenges facing the WTO.
Author : United States. Department of State. Office of Public Affairs
Publisher :
ISBN 13 :
Total Pages : 24 pages
Book Rating : 4.F/5 ( download)
Download or read book A Constitution for World Trade written by United States. Department of State. Office of Public Affairs and published by . This book was released on 1947 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Roger B. Porter
Publisher : Rowman & Littlefield
ISBN 13 : 9780815798255
Total Pages : 470 pages
Book Rating : 4.7/5 (982 download)
Download or read book Efficiency, Equity, and Legitimacy written by Roger B. Porter and published by Rowman & Littlefield. This book was released on 2004-06-23 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Brookings Institution Press and the Center for Business and Government at Harvard University publication The multilateral trading system stands at a crossroads. Despite its widely acknowledged contribution to global prosperity over the past half century, the movement toward further liberalization has increasingly been challenged. These essays by leading scholars and trade officials honor Raymond Vernon, one of the architects of the international economic institutions established following the Second World War. The book examines several key issues at the heart of the debate over the multilateral trading system. What are the global efficiency gains from further liberalization? How can efficiency gains be maximized while respecting legitimate claims to sovereignty? Is the trading system affording an equitable distribution of benefits between countries and among various groups within societies? Does civil society have a role in the trading system? What role should the World Trade Organization and its dispute settlement procedures play in resolving disputes and enhancing legitimacy?
Author : Francisco Orrego Vicuña
Publisher : Cambridge University Press
ISBN 13 : 9780521842396
Total Pages : 188 pages
Book Rating : 4.8/5 (423 download)
Download or read book International Dispute Settlement in an Evolving Global Society written by Francisco Orrego Vicuña and published by Cambridge University Press. This book was released on 2004-11-25 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Lauterpacht Research Centre for International Law, University of Cambridge."--T.p.
Author : Jan Klabbers
Publisher : OUP Oxford
ISBN 13 : 0191582646
Total Pages : 416 pages
Book Rating : 4.1/5 (915 download)
Download or read book The Constitutionalization of International Law written by Jan Klabbers and published by OUP Oxford. This book was released on 2009-10-01 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines one of the most debated issues in current international law: to what extent the international legal system has constitutional features comparable to what we find in national law. This question has become increasingly relevant in a time of globalization, where new international institutions and courts are established to address international issues. Constitutionalization beyond the nation state has for many years been discussed in relation to the European Union. This book asks whether we now see constitutionalization taking place also at the global level. The book investigates what should be characterized as constitutional features of the current international order, in what way the challenges differ from those at the national level and what could be a proper interaction between different international arrangements as well as between the international and national constitutional level. Finally, it sketches the outlines of what a constitutionalized world order could and should imply. The book is a critical appraisal of constitutionalist ideas and of their critique. It argues that the reconstruction of the current evolution of international law as a process of constitutionalization -against a background of, and partly in competition with, the verticalization of substantive law and the deformalization and fragmentation of international law- has some explanatory power, permits new insights and allows for new arguments. The book thus identifies constitutional trends and challenges in establishing international organisational structures, and designs procedures for standard-setting, implementation and judicial functions. This paperback edition features the authors' discussion of this book on the EJIL Talks blog.
Author : Isabelle Van Damme
Publisher :
ISBN 13 : 0199562237
Total Pages : 487 pages
Book Rating : 4.1/5 (995 download)
Download or read book Treaty Interpretation by the WTO Appellate Body written by Isabelle Van Damme and published by . This book was released on 2009 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes how the Appellate Body uses particular principles of general international law in interpreting the WTO covered agreements. It deals equally with general international law and WTO law. The aim is to explain how the Appellate Body interprets and applies customary international law on treaty interpretation in dealing with the WTO covered agreements. The main concern is to analyze the judicial reasoning and ways of justifying judicial decision-making. In particular, it answers the question of how the Appellate Body explains its reading of WTO treaty language. It is argued that the Appellate Body has interpreted the WTO covered agreements in a contextual and effective manner, an approach that corresponds with general international law. The character of the WTO covered agreements has, nevertheless, confronted the Appellate Body with some questions of interpretation that were until recently unexplored or neglected by other courts and tribunals. In that sense, the Appellate Body has contributed to the development of general international law on treaty interpretation, or at least to its practice. WTO law is primarily treaty law, but increasingly soft law and broader themes and values from other disciplines, such as governance, variable geometry and legitimacy, are introduced and discussed. Customary international law - with the exception of the principles of treaty interpretation - and general principles of law are often seen as excluded entirely. An ancillary theme of this proposed monograph is the extent to which customary international law and general principles of law have penetrated WTO law through the technique of treaty interpretation.
Author : Claude E. Barfield
Publisher : American Enterprise Institute Press
ISBN 13 :
Total Pages : 272 pages
Book Rating : 4.:/5 (318 download)
Download or read book Free Trade, Sovereignty, Democracy written by Claude E. Barfield and published by American Enterprise Institute Press. This book was released on 2001 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: A penetrating look at major challenges to the World Trade Organization and the future of trade liberalization. It also shows how the WTO is moving in a direction at odds with basic democratic principles. The author closes his analysis with some policy recommendations.
Author : Erika de Wet
Publisher : Amsterdam University Press
ISBN 13 : 9056293877
Total Pages : 35 pages
Book Rating : 4.0/5 (562 download)
Download or read book The International Constitutional Order written by Erika de Wet and published by Amsterdam University Press. This book was released on 2005-05-12 with total page 35 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title can be previewed in Google Books - http://books.google.com/books'vid=ISBN9789056293871.
Author : Justice Stephen Breyer
Publisher : NYU Press
ISBN 13 : 0814789714
Total Pages : 317 pages
Book Rating : 4.8/5 (147 download)
Download or read book Judges in Contemporary Democracy written by Justice Stephen Breyer and published by NYU Press. This book was released on 2004-06-01 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law, politics, and society in the modern West have been marked by the increasing power of the judge: the development of constitutional justice, the evolution of international judiciaries, and judicial systems that extend even further into social life. Judges make decisions that not only enforce the law, but also codify the values of our times. In the summer of 2000, an esteemed group of judges and legal scholars met in Provence, France, to consider the role of the judge in modern society. They included Robert Badinter, former president of the Constitutional Council in France; Stephen Breyer, Justice of the Supreme Court of the United States; Antonio Cassese, the first president of the International Criminal Tribunal for the former Yugoslavia; Dieter Grimm, former vice president of the Constitutional Court of Germany; Gil Carlos Rodriguez, president of the Court of Justice of the European Union; and Ronald Dworkin, formerly of Oxford University, now professor of philosophy and law at the New York University Law School. What followed was an animated discussion ranging from the influence of the media on the judiciary to the development of an international criminal law to the judge's consideration of the judge's own role. Judges in Contemporary Democracy offers a rare and intimate glimpse into the powers and the role of judges in today's society.
Author : Michael Zurn
Publisher : Cambridge University Press
ISBN 13 : 1139510975
Total Pages : pages
Book Rating : 4.1/5 (395 download)
Download or read book Rule of Law Dynamics written by Michael Zurn and published by Cambridge University Press. This book was released on 2012-06-18 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the various strategies, mechanisms and processes that influence rule of law dynamics across borders and the national/international divide, illuminating the diverse paths of influence. It shows to what extent, and how, rule of law dynamics have changed in recent years, especially at the transnational and international levels of government. To explore these interactive dynamics, the volume adopts an interdisciplinary approach, bringing together the normative perspective of law with the analytical perspective of social sciences. The volume contributes to several fields, including studies of rule of law, law and development, and good governance; democratization; globalization studies; neo-institutionalism and judicial studies; international law, transnational governance and the emerging literature on judicial reforms in authoritarian regimes; and comparative law (Islamic, African, Asian, Latin American legal systems).
Author : Robert Howse
Publisher :
ISBN 13 : 9781841133454
Total Pages : 320 pages
Book Rating : 4.1/5 (334 download)
Download or read book Global Governance by Judiciary written by Robert Howse and published by . This book was released on 2004 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most striking innovations in international law of the last decade is the creation of a standing appellate court at the World Trade Organization, "the Appellate Body". While there are other international tribunals with appellate chambers, the WTO Appellate Body stands out for its creation of a rich and controversial body of jurisprudence, crafted through the dozens of rulings it has made since 1996. In areas such as trade and environment, and trade and health, the Appellate Body has stepped into some of the most heated trade conflicts of the post-Seattle world. This book examines the WTO Appellate Body as the first full blown international law experiment with "routine" appellate review. Issues covered include the choice of interpretative method by the Appellate Body, its internal operations (for example the role of collegiality and the staff in the Appellate Body Secretariat), the Appellate Body's understanding of its own jurisdiction and mandate, and the argument put by critics that the Appellate Body has been engaging in inappropriate "judicial activism", especially in sensitive areas such as the review of domestic trade remedy (dumping, subsidies and safeguards) cases. As the first book length analysis and assessment of the Appellate Body, this volume will be of interest to trade law specialists, but also to all those who are concerned with the relationship of law to politics in global governance, and with the role of the international judge.
Author : Debra P. Steger
Publisher : Wilfrid Laurier Univ. Press
ISBN 13 : 9781554581740
Total Pages : 498 pages
Book Rating : 4.5/5 (817 download)
Download or read book Redesigning the World Trade Organization for the Twenty-first Century written by Debra P. Steger and published by Wilfrid Laurier Univ. Press. This book was released on 2009-12-15 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two high-level commissions—the Sutherland report in 2004, and the Warwick Commission report in 2007—addressed the future of the World Trade Organization and made proposals for incremental reform. This book goes further; it explains why institutional reform of the WTO is needed at this critical juncture in world history and provides innovative, practical proposals for modernizing the WTO to enable it to respond to the challenges of the twenty-first century. Contributors focus on five critical areas: transparency, decision- and rule-making procedures, internal management structures, participation by non-governmental organizations and civil society, and relationships with regional trade agreements. Co-published with the International Development Research Centre and the Centre for International Governance Innovation
Author : Bardo Fassbender
Publisher : BRILL
ISBN 13 : 9004175105
Total Pages : 228 pages
Book Rating : 4.0/5 (41 download)
Download or read book The United Nations Charter as the Constitution of the International Community written by Bardo Fassbender and published by BRILL. This book was released on 2009 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: The a oeconstitutionalizationa of international law is one of the most intensely debated issues in contemporary international legal doctrine. The term is used to describe a number of features which distinguish the present international legal order from a oeclassicala international law, in particular its shift from bilateralism to community interest, and from an inter-state system to a global legal order committed to the well-being of the individual person. The author of this book belongs to the leading participants of the constitutionalization debate. He argues that there indeed exists a constitutional law of the international community that is built on and around the Charter of the United Nations. In this book, he explains why the Charter has a constitutional quality and what legal consequences arise from that characterization.
Author : Jeffrey L. Dunoff
Publisher : Cambridge University Press
ISBN 13 : 9780521735490
Total Pages : 432 pages
Book Rating : 4.7/5 (354 download)
Download or read book Ruling the World? written by Jeffrey L. Dunoff and published by Cambridge University Press. This book was released on 2009-07-20 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ruling the World?: Constitutionalism, International Law, and Global Governance provides an interdisciplinary analysis of the major developments and central questions in debates over international constitutionalism at the UN, EU, WTO, and other sites of global governance. The essays in this volume explore controversial empirical and structural questions, doctrinal and normative issues, and questions of institutional design and positive political theory. Ruling the World? grows out of a three-year research project that brought twelve leading scholars together to create a comprehensive and integrated framework for understanding global constitutionalization. Ruling the World? is the first volume to explore in a cross-cutting way constitutional discourse across international regimes, constitutional pluralism, and relations among transnational and domestic constitutions. The volume examines the core assumptions, basic analytic tools, and key challenges in contemporary debates over international constitutionalization.
Author : David R. Boyd
Publisher : UBC Press
ISBN 13 : 0774821639
Total Pages : 470 pages
Book Rating : 4.7/5 (748 download)
Download or read book The Environmental Rights Revolution written by David R. Boyd and published by UBC Press. This book was released on 2011-11-29 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right to a healthy environment has been the subject of extensive philosophical debates that revolve around the question: Should rights to clean air, water, and soil be entrenched in law? David Boyd answers this by moving beyond theoretical debates to measure the practical effects of enshrining the right in constitutions. His pioneering analysis of 193 constitutions and the laws and court decisions of more than 100 nations in Europe, Latin America, Asia, and Africa reveals a positive correlation between constitutional protection and stronger environmental laws, smaller ecological footprints, superior environmental performance, and improved quality of life.
Author : Joanna Jemielniak
Publisher : Cambridge University Press
ISBN 13 : 1107147107
Total Pages : 343 pages
Book Rating : 4.1/5 (71 download)
Download or read book Establishing Judicial Authority in International Economic Law written by Joanna Jemielniak and published by Cambridge University Press. This book was released on 2016-07-12 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses how international judicial authority is established and managed in key fields of international economic law. Its unique legal-centric approach sees the consolidation of judicial authority as a universal trend and its broad international appeal makes it essential reading for researchers, practitioners and students alike.
