Environmental Sovereignty And The Wto

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Environmental Sovereignty And the WTO

Author : Bradly J. Condon
Publisher : BRILL
Page : 365 pages
File Size : 53,8 Mb
Release : 2006
Category : Law
ISBN : 9781571053664

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Environmental Sovereignty And the WTO by Bradly J. Condon Pdf

The growing body of WTO jurisprudence is of profound significance for the development of the general body of international law. With this in mind, Environmental Sovereignty and the WTO succinctly examines how the WTO law can contribute to achieving coherence between general international law, international environmental law and international trade law and avoid conflicts between trade liberalization and global environmental protection. Professor Condon argues that these three branches of law are generally consistent with each other in the area of international law where they intersect. However, WTO jurisprudence can benefit from a more explicit analysis, provided here, of the way that panel decisions fit into the general framework of international law. No law reforms are currently needed to facilitate this task. As the text shows, it is a matter of using the current WTO rules to resolve conflicts between treaties such as the General Agreement on Tariffs and Trade (GATT) and multilateral environmental agreements (MEAs) and to determine the circumstances in which unilateral trade measures should be permitted. The topics addressed in Environmental Sovereignty and the WTO will be of considerable interest to a broad audience given the global political controversy over American unilateralism, the fairness of WTO rules to poor countries, and the effect of trade rules on efforts to protect the global environment. However, the book addresses these controversial issues without sacrificing academic rigour and will appeal to a scholarly and professional audience seeking new approaches to addressing the problems raised by the globalization of law. Published under the Transnational Publishers imprint.

The Impact of the WTO

Author : Trish Kelly
Publisher : Edward Elgar Publishing
Page : 240 pages
File Size : 49,8 Mb
Release : 2007
Category : Business & Economics
ISBN : STANFORD:36105123351368

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The Impact of the WTO by Trish Kelly Pdf

Provides an analysis of the nine environmental and health disputes that have been adjudicated at the WTO since 1995. This book appeals not only to academics, be they economists, lawyers, political scientists, and academic libraries, but also practitioners, policymakers, and members of consumer, environmental, and business organizations.

International Law and its Relationship to Trade, Environment and Sovereignty

Author : Nicholas Sunday
Publisher : GRIN Verlag
Page : 108 pages
File Size : 43,6 Mb
Release : 2013-02-27
Category : Law
ISBN : 9783656379430

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International Law and its Relationship to Trade, Environment and Sovereignty by Nicholas Sunday Pdf

Doktorarbeit / Dissertation aus dem Jahr 2012 im Fachbereich Jura - Europarecht, Völkerrecht, Internationales Privatrecht, , Sprache: Deutsch, Abstract: The dissertation investigated the interrelationship among three variables: International law, environment and sovereignty. The environmental issue has move beyond local and even national boundaries into the foreign policy debate, since actions in one country have an adverse environmental effects on the others. As a consequence, public interests has intensified, in the light of high profile trade and environmental concerns that extends into some of those new sensitive areas such as the role of science in risk management, the conservation of endangered species, the cross border movement of Genetically Modified Organisms and measures to protect public health. The study aimed at searching for the common contradictions among the three variables in the dissertation, with focus on the Cartagena Protocol. The study was undertaken by using the integration of two stages of approaches: employing a multiple empirical study as topics of an interview oriented method; and applying theoretical devices to guide the dimensions of the conceptual framework and the interpretive findings. The data were collected from sources that included books, journals, official documents, Internet websites and interviews. From all these generated ideas, analysis of the dynamics of trade and environmental issues between regimes and member states were carried out. The findings from the study showed that liberalization and expansion of the trade regime have resulted in a unique organizational structure and developed various non-trade related issues; MEAs’ trade measures have been negotiated by different aims and desires from the WTO’s environment related rules. In the case of Biosafety Protocol, there were dilemmas during negotiations on conditions that aimed to make strong rules possible. The study found out that the WTO and the Cartagena Protocol on Diversity will impose slightly different regulations as against the sovereign laws on biosafety. Hence, the relationship between the WTO and the Biosafety Protocol Agreements has led to debates over their extremes; and constitutionalism of regimes has also raised judicial power over bureaucratic power. It is recommended that the complexity of international negotiations and disputes from potential tensions can also be prevented by encouraging an exchange of experts between MEAs and the WTO.

Free Trade, Sovereignty, Democracy

Author : Claude E. Barfield
Publisher : American Enterprise Institute Press
Page : 272 pages
File Size : 45,5 Mb
Release : 2001
Category : Capitalism
ISBN : STANFORD:36105110361842

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Free Trade, Sovereignty, Democracy by Claude E. Barfield Pdf

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.

Global Environmental Protection through Trade

Author : Barbara Cooreman
Publisher : Edward Elgar Publishing
Page : 336 pages
File Size : 40,6 Mb
Release : 2017-04-28
Category : Electronic
ISBN : 9781786434395

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Global Environmental Protection through Trade by Barbara Cooreman Pdf

Despite an increasing global awareness of environmental concerns, setting internationally binding and ambitious commitments has proven exceedingly complex. As states are seeking alternative methods to support global environmental protection, this book takes a closer look at the possibility of using national trade measures that make market access conditional on the environmental impact of the production process abroad.

Why Sovereignty Matters

Author : Jeremy A. Rabkin
Publisher : A E I Press
Page : 362 pages
File Size : 53,8 Mb
Release : 1998
Category : Law
ISBN : STANFORD:36105022132257

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Why Sovereignty Matters by Jeremy A. Rabkin Pdf

Sovereign nations submit their domestic policies to international agreements and supranational institutions. This text warns that international regulation could distort the US constitutional system, and argues for reviving the traditional American view on international agreements and treaties.

Trade and Environmental Law

Author : Panos Delimatsis and Leonie Reins
Publisher : Edward Elgar Publishing
Page : 875 pages
File Size : 52,5 Mb
Release : 2021-12-14
Category : Law
ISBN : 9781783476985

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Trade and Environmental Law by Panos Delimatsis and Leonie Reins Pdf

This extensive volume of the Elgar Encyclopedia of Environmental Law probes the essential concepts, contemporary research, and key elements of law at the intersection of international trade and international environmental law. Its succinct, structured entries provide a definitive and comprehensive assessment of the interactions between these fields, written by internationally renowned and recognized experts.

Sustainable Development As a Principle of International Law

Author : Christina Voigt
Publisher : BRILL
Page : 453 pages
File Size : 40,5 Mb
Release : 2009
Category : Law
ISBN : 9789004166974

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Sustainable Development As a Principle of International Law by Christina Voigt Pdf

This volume provides a framework for the doctrinal foundation of sustainable development as a principle of integration in international law. The work departs from the fragmented nature of the international legal system, a system that lacks integrative principles for creating coherent relations between, for example, the international trade regime of the WTO and multilateral environmental agreements. The specific focus is on a legal analysis of potential normative conflicts between climate measures as regulated by the UNFCCC and the Kyoto Protocol, in particular the flexibility instruments of international emissions trading and the Clean Development Mechanism, and the rules of the WTO. Attention is then given to the application of sustainable development as a principle of integration in relation to these conflicts. The book takes on several important, timely and demanding tasks related to the urgent global challenge of climate change and the capacity of international law to deal with complex and multifaceted issues. It addresses in particular: a [ The relations between various international legal regimes, especially between international trade law and climate law, a [ The legal status of sustainable development as a principle of international law, and a [ The analysis of interpretative methods and of principles that may serve to address conflicts between rules pertaining to different legal regimes. Here, integration as part of legal reasoning becomes particularly relevant.

Trade and Environment

Author : Adil Najam,Ricardo Meléndez-Ortiz,Mark Halle
Publisher : Unknown
Page : 0 pages
File Size : 43,7 Mb
Release : 2007
Category : Electronic
ISBN : OCLC:316663457

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Trade and Environment by Adil Najam,Ricardo Meléndez-Ortiz,Mark Halle Pdf

The WTO Dispute Settlement Mechanism

Author : Alberto do Amaral Júnior,Luciana Maria de Oliveira Sá Pires,Cristiane Lucena Carneiro
Publisher : Springer
Page : 391 pages
File Size : 41,9 Mb
Release : 2019-04-09
Category : Law
ISBN : 9783030032630

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The WTO Dispute Settlement Mechanism by Alberto do Amaral Júnior,Luciana Maria de Oliveira Sá Pires,Cristiane Lucena Carneiro Pdf

This book offers a multidisciplinary approach to the Dispute Settlement Mechanism (DSM) by bringing together contributions from legal scholars and political scientists. Most of the authors belong to a tightly knit legal epistemic community, trained at the University of São Paulo and at the top-ranked research and policy centers on WTO law in Europe. Presenting a novel and unique perspective on the DSM, it provides an analysis of current themes at the heart of the WTO Dispute Settlement Mechanism through the lenses of scholars with a “developing country” perspective. Focusing on assessment, substance, and process, it presents a three-fold approach to the analysis and offers a singular contribution to the scholarly literature on the WTO. The book discusses the topic from the viewpoint of individuals deeply involved in the scholarly production as well as the daily operation of the mechanism. The contributors include academics in the fields of international economic law and political science, diplomats, individuals engaged in legal private practice, and individuals affiliated with the WTO as well as WTO-related think tanks. The result is a balanced perspective on pressing issues that have arisen and that are likely to remain at the center of the scholarly and policy debate for years to come.

Sovereignty, the WTO, and Changing Fundamentals of International Law

Author : John H. Jackson
Publisher : Cambridge University Press
Page : 27 pages
File Size : 45,9 Mb
Release : 2006-03-27
Category : Law
ISBN : 9781139452731

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Sovereignty, the WTO, and Changing Fundamentals of International Law by John H. Jackson Pdf

The last decade of the twentieth century and the first decade of the twenty-first century has been one of the most challenging periods for the generally accepted assumptions of international law. This book, first published in 2006, grapples with these long-held assumptions (such as the consent basis of international law norms, equality of nations, restrictive or text-based treaty interpretations and applications, the monopoly of internal national power, and non-interference), and how they are being fundamentally altered by the forces of globalization. It also examines the challenges facing the WTO as a component of international economic law, and how that field is inextricably linked to general international law.

Environmental Process and Production Methods (PPMs) in WTO Law

Author : David Sifonios
Publisher : Springer
Page : 334 pages
File Size : 50,7 Mb
Release : 2018-01-30
Category : Law
ISBN : 9783319657264

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Environmental Process and Production Methods (PPMs) in WTO Law by David Sifonios Pdf

This book examines the conditions under which PPM measures may be adopted under WTO law de lege lata and de lege ferenda. It analyses in detail the complex case law in this field and its evolution in the last 25 years, as well as the many doctrinal debates around PPM measures and their relevance in the light of the evolution of case law, both under the GATT and the TBT Agreement. Further, it also suggests an original approach to the interpretation of the relevant provisions of the GATT and the TBT Agreement in the context of PPM measures. The PPM issue has been one of the most debated topics in the trade and environment debate. Even though the US–Shrimp case showed that PPM measures are not prohibited per se under the GATT, many questions remain unanswered when it comes to the precise conditions under which environmental PPM measures are justifiable under WTO law, for example in the field of trade measures relating to climate change mitigation efforts, natural resources management policies and biodiversity conservation measures.

International Environmental Law and the Global South

Author : Shawkat Alam,Sumudu Atapattu,Carmen G. Gonzalez,Jona Razzaque
Publisher : Cambridge University Press
Page : 657 pages
File Size : 44,9 Mb
Release : 2015-09-17
Category : Law
ISBN : 9781107055698

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International Environmental Law and the Global South by Shawkat Alam,Sumudu Atapattu,Carmen G. Gonzalez,Jona Razzaque Pdf

Situating the global poverty divide as an outgrowth of European imperialism, this book investigates current global divisions on environmental policy.

Environmental Border Tax Adjustments and International Trade Law

Author : Alice Pirlot
Publisher : Edward Elgar Publishing
Page : 352 pages
File Size : 42,5 Mb
Release : 2017-10-27
Category : Law
ISBN : 9781786435514

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Environmental Border Tax Adjustments and International Trade Law by Alice Pirlot Pdf

This timely book brings clarity to the debate on the new legal phenomenon of environmental border tax adjustments. It will help form a better understanding of the role and limits these taxes have on environmental policies in combating global environmental challenges, such as climate change.

Sustainable Waste Trade Under WTO Law

Author : Mirina Grosz
Publisher : Martinus Nijhoff Publishers
Page : 616 pages
File Size : 45,6 Mb
Release : 2011-05-10
Category : Technology & Engineering
ISBN : 9789004194380

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Sustainable Waste Trade Under WTO Law by Mirina Grosz Pdf

This book offers a thorough examination of the key regulatory frameworks governing international waste trade. It explores the potential of the concept of “sustainable development” to integrate divergent regulatory approaches under WTO law and identifies crucial elements of a more comprehensive solution for regulating international waste trade.