Equity And Equitable Principles In The World Trade Organization

Author : Anastasios Gourgourinis
Publisher : Routledge
Page : 402 pages
File Size : 47,5 Mb
Release : 2015-07-24
Category : Law
ISBN : 9781317964155

Get Book

Equity and Equitable Principles in the World Trade Organization by Anastasios Gourgourinis Pdf

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.

Author : Anastasios Gourgourinis
Publisher : Routledge
Page : 284 pages
File Size : 55,6 Mb
Release : 2015-07-24
Category : Law
ISBN : 9781317964162

Get Book

Equity and Equitable Principles in the World Trade Organization by Anastasios Gourgourinis Pdf

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.

Author : Panos Merkouris,Andreas Kulick,José Manuel Álvarez-Zarate,Maciej Żenkiewicz,Konrad Turnbull
Publisher : Cambridge University Press
Page : 433 pages
File Size : 47,7 Mb
Release : 2023-11-30
Category : Law
ISBN : 9781009255455

Get Book

Custom and its Interpretation in International Investment Law: Volume 2 by Panos Merkouris,Andreas Kulick,José Manuel Álvarez-Zarate,Maciej Żenkiewicz,Konrad Turnbull Pdf

At first glance, one may think of international investment law as a response to custom (or lack thereof), instead of a field of its application. However, in fact, the opposite is the case. The interpretation and application of customary rules and principles are the bread and butter of international investment law and arbitration. With a diverse range of expert contributors, this collection traces how customary international law is practised in international investment law. It considers how custom should be interpreted and how its rules and principles should be understood and applied by investor-state arbitral tribunals. Raising and addressing vital questions surrounding custom and international law, this collection is a necessary contribution to the scholarship of the theory and history of customary international law and international investment law. This title is also available as Open Access on Cambridge Core.

Author : Panagiotis Delimatsis
Publisher : Edward Elgar Publishing
Page : 560 pages
File Size : 47,6 Mb
Release : 2016-12-30
Category : Law
ISBN : 9781783478446

Get Book

Research Handbook on Climate Change and Trade Law by Panagiotis Delimatsis Pdf

The interaction between climate change and trade has grown in prominence in recent years. This Research Handbook contains authoritative original contributions from leading experts working at the interface between trade and climate change. It maps the state of affairs in such diverse areas as: carbon credits and taxes, sustainable standard-setting and trade in ‘green’ goods and services or investment, from both a regional and global perspective. Panagiotis Delimatsis redefines the interrelationship of trade and climate change for future scholarship in this area.

Author : Ilias Bantekas,Michael Ashley Stein
Publisher : Cambridge University Press
Page : 683 pages
File Size : 52,8 Mb
Release : 2021-09-09
Category : Business & Economics
ISBN : 9781108830379

Get Book

The Cambridge Companion to Business and Human Rights Law by Ilias Bantekas,Michael Ashley Stein Pdf

An innovative textbook setting out a systematic approach to business and human rights.

Author : United Nations Conference on Trade and Development
Publisher : Unknown
Page : 164 pages
File Size : 55,9 Mb
Release : 2010
Category : Political Science
ISBN : UCBK:C107411463

Get Book

Most-favoured-nation Treatment by United Nations Conference on Trade and Development Pdf

The publication contains an explanation of Most Favored Nation (MFN) treatment and some of the key issues that arise in its negotiation, particularly the scope and application of MFN treatment to the liberalization and protection of foreign investors in recent treaty practice. The paper provides policy options as regards the traditional application of MFN treatment and identifies reactions by States to the unexpected broad use of MFN treatment, and provides several drafting options, such as specifying or narrowing down the scope of application of MFN treatment to certain types of activities, clarifying the nature of "treatment" under the IIA, clarifying the comparison that an arbitral tribunal needs to undertake as well as a qualification of the comparison "in like circumstances" or excluding its use in investor-State cases.

Author : Stefan Vogenauer,Stephen Weatherill
Publisher : Bloomsbury Publishing
Page : 432 pages
File Size : 48,9 Mb
Release : 2017-06-15
Category : Law
ISBN : 9781509910694

Get Book

General Principles of Law by Stefan Vogenauer,Stephen Weatherill Pdf

Examining general principles of law provides one of the most instructive examples of the intersection between EU law and comparative law. This collection draws on the expertise of high-profile and distinguished scholars to provide a critical examination of this interaction. It shows how general principles of EU law need to be responsive to national laws. In addition, it is clear that the laws of the Member States have no choice but to be responsive to the general principles which are developed through EU law. Viewed through the perspective of proportionality, legal certainty, and fundamental rights, the dynamic relationship between the ingenuity of the Court of Justice, the legislative process and the process of Treaty revision is comprehensively illustrated.

Author : Jae Sundaram
Publisher : Routledge
Page : 965 pages
File Size : 44,7 Mb
Release : 2022-04-11
Category : Law
ISBN : 9780429632693

Get Book

WTO Law and Policy by Jae Sundaram Pdf

WTO Law and Policy presents an authoritative account of the emergence of the World Trade Organization (WTO) and the basic principles and institutional law of the WTO. It explores how political economy has shaped the WTO’s legal philosophy and policies, and provides insights into how international trade law at the WTO has developed. This textbook examines the legal obligations of the Member States of the WTO under the multilateral trade agreements, the legal remedies available under the rules-based dispute settlement system, and incorporates the most relevant case laws from the WTO’s jurisprudence. It outlines several key contemporary issues which the WTO faces as well as areas that need reforming. Each chapter covers a specific topic in relation to the framework and functionality of the WTO, with particular focus on the legal aspects of the multilateral trade order. The book is guided by the legal pronouncements of the Dispute Settlement Body (Panels and Appellate Body), and the commentaries on the interpretation of the provisions of the covered agreements. This book is ideal for all students studying international trade law, including those coming to international law, international trade law, and WTO law for the first time.

Author : Mark Weston Janis
Publisher : Aspen Publishing
Page : 426 pages
File Size : 51,8 Mb
Release : 2021-04-01
Category : Law
ISBN : 9781543831146

Get Book

Aspen Treatise for International Law by Mark Weston Janis Pdf

International Law is a concise paperback that is an ideal student companion guide to any law school casebook on international law. Clearly written and thoughtfully organized around three key concepts, this text orients students in the basics of international law while providing broad coverage of contemporary public policy issues shaping international relations.

Author : Roger B. Porter,Pierre Sauve,Arvind Subramanian
Publisher : Rowman & Littlefield
Page : 470 pages
File Size : 41,6 Mb
Release : 2004-06-23
Category : Business & Economics
ISBN : 0815798253

Get Book

Efficiency, Equity, and Legitimacy by Roger B. Porter,Pierre Sauve,Arvind Subramanian Pdf

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 : James Crawford,Ian Brownlie
Publisher : Oxford University Press, USA
Page : 873 pages
File Size : 41,8 Mb
Release : 2019
Category : LAW
ISBN : 9780198737445

Get Book

Brownlie's Principles of Public International Law by James Crawford,Ian Brownlie Pdf

Serving as a single volume introduction to the field as a whole, this ninth edition of Brownlie's Principles of International Law seeks to present international law as a system that is based on, and helps structure, relations among states and other entities at the international level.

Author : World Intellectual Property Organization
Publisher : WIPO
Page : 259 pages
File Size : 41,6 Mb
Release : 2013
Category : Law
ISBN : 9789280523089

Get Book

Promoting Access to Medical Technologies and Innovation - Intersections between Public Health, Intellectual Property and Trade by World Intellectual Property Organization Pdf

This study has emerged from an ongoing program of trilateral cooperation between WHO, WTO and WIPO. It responds to an increasing demand, particularly in developing countries, for strengthened capacity for informed policy-making in areas of intersection between health, trade and IP, focusing on access to and innovation of medicines and other medical technologies.

Author : Ljiljana Biukovic,Pitman B. Potter
Publisher : Edward Elgar Publishing
Page : 304 pages
File Size : 55,5 Mb
Release : 2017-05-26
Category : Electronic
ISBN : 9781785367199

Get Book

Local Engagement with International Economic Law and Human Rights by Ljiljana Biukovic,Pitman B. Potter Pdf

Providing an analysis of global regulation and the impact of international organizations on domestic laws, this collection grew out of a central objective to explore methods of domestic engagement with international trade and human rights norms, and the inherent difficulties in establishing balanced links between these two international law regimes. The common thread of the papers in this collection is a focus on the application of socio-legal normative paradigms in building knowledge and policy support for coordinating local performance with international trade and human rights standards in ways that are mutually sustaining.

Author : Thomas Cottier
Publisher : Cameron May
Page : 615 pages
File Size : 50,9 Mb
Release : 2007
Category : Dispute resolution (International law)
ISBN : 9781905017362

Get Book

The Challenge of WTO Law by Thomas Cottier Pdf

Author : World Bank;World Trade Organization
Publisher : World Bank Publications
Page : 270 pages
File Size : 53,5 Mb
Release : 2020-09-04
Category : Business & Economics
ISBN : 9781464815560

Get Book

Women and Trade by World Bank;World Trade Organization Pdf

Trade can dramatically improve women’s lives, creating new jobs, enhancing consumer choices, and increasing women’s bargaining power in society. It can also lead to job losses and a concentration of work in low-skilled employment. Given the complexity and specificity of the relationship between trade and gender, it is essential to assess the potential impact of trade policy on both women and men and to develop appropriate, evidence-based policies to ensure that trade helps to enhance opportunities for all. Research on gender equality and trade has been constrained by limited data and a lack of understanding of the connections among the economic roles that women play as workers, consumers, and decision makers. Building on new analyses and new sex-disaggregated data, Women and Trade: The Role of Trade in Promoting Gender Equality aims to advance the understanding of the relationship between trade and gender equality and to identify a series of opportunities through which trade can improve the lives of women.