Fragmentation Of International Trade Law Reassessed

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Fragmentation of International Trade Law Reassessed

Patrick Wasilczyk
Fragmentation of International Trade Law Reassessed Book PDF

Author : Patrick Wasilczyk
Publisher : Springer Nature
Page : 370 pages
File Size : 47,9 Mb
Release : 2023-12-21
Category : Law
ISBN : 9783031406010

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Fragmentation of International Trade Law Reassessed by Patrick Wasilczyk Pdf

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.

The Prospects of International Trade Regulation

Thomas Cottier,Panagiotis Delimatsis
The Prospects of International Trade Regulation Book PDF

Author : Thomas Cottier,Panagiotis Delimatsis
Publisher : Cambridge University Press
Page : 535 pages
File Size : 48,8 Mb
Release : 2011-04-14
Category : Law
ISBN : 9781139501255

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The Prospects of International Trade Regulation by Thomas Cottier,Panagiotis Delimatsis Pdf

For a long time, the GATT led a life of its own as a self-contained regime. The evolution from tariff to non-tariff barriers brought about increasing overlaps with other regulatory areas. WTO rules increasingly interface with other areas of law and policy, including environmental protection, agricultural policies, labour standards, investment, human rights and regional integration. Against this backdrop, this book examines fragmentation in international trade regulation across a wide array of regulatory fields. To this end, it uses a conceptually coherent theoretical framework which is based on the effort to bring about greater coherence among different policy goals and fields, and thus to embed the multilateral trading system within the broader framework of international economics, law and relations. It will appeal to those interested in a forward-looking discussion of the most pressing issues of the international trade agenda.

Trading Fish, Saving Fish

Margaret A. Young
Trading Fish Saving Fish Book PDF

Author : Margaret A. Young
Publisher : Cambridge University Press
Page : 407 pages
File Size : 48,5 Mb
Release : 2011-04-14
Category : Law
ISBN : 9781139500456

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Trading Fish, Saving Fish by Margaret A. Young Pdf

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.

The Principle of Systemic Integration

Gabriel Orellana Zabalza
The Principle of Systemic Integration Book PDF

Author : Gabriel Orellana Zabalza
Publisher : LIT Verlag Münster
Page : 389 pages
File Size : 42,6 Mb
Release : 2012
Category : Law
ISBN : 9783643902672

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The Principle of Systemic Integration by Gabriel Orellana Zabalza Pdf

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)

Equity and Equitable Principles in the World Trade Organization

Anastasios Gourgourinis
Equity and Equitable Principles in the World Trade Organization Book PDF

Author : Anastasios Gourgourinis
Publisher : Routledge
Page : 284 pages
File Size : 44,9 Mb
Release : 2015-07-24
Category : Law
ISBN : 9781317964162

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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.

Regime Interaction in International Law

Margaret A. Young
Regime Interaction in International Law Book PDF

Author : Margaret A. Young
Publisher : Cambridge University Press
Page : 128 pages
File Size : 51,9 Mb
Release : 2012-01-12
Category : Law
ISBN : 9781139504935

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Regime Interaction in International Law by Margaret A. Young Pdf

This major extension of existing scholarship on the fragmentation of international law utilises the concept of 'regimes' from international law and international relations literature to define functional areas such as human rights or trade law. Responding to existing approaches, which focus on the resolution of conflicting norms between regimes, it contains a variety of critical, sociological and doctrinal perspectives on regime interaction. Leading international law scholars and practitioners reflect on how, in situations of diversity and concurrent activity, such interaction shapes and controls knowledge and norms in often hegemonic ways. The contributors draw on topical examples of interacting regimes, including climate, trade and investment regimes, to argue for new methods of regime interaction. Together, the essays combine approaches from international, transnational and comparative constitutional law to provide important insights into an issue that continues to challenge international legal theory and practice.

Big Data and Global Trade Law

Mira Burri
Big Data and Global Trade Law Book PDF

Author : Mira Burri
Publisher : Cambridge University Press
Page : 407 pages
File Size : 52,5 Mb
Release : 2021-07-29
Category : Business & Economics
ISBN : 9781108843591

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Big Data and Global Trade Law by Mira Burri Pdf

An exploration of the current state of global trade law in the era of Big Data and AI. This title is also available as Open Access on Cambridge Core.

Artificial Intelligence and International Economic Law

Shin-yi Peng,Ching-Fu Lin,Thomas Streinz
Artificial Intelligence and International Economic Law Book PDF

Author : Shin-yi Peng,Ching-Fu Lin,Thomas Streinz
Publisher : Cambridge University Press
Page : 365 pages
File Size : 45,7 Mb
Release : 2021-10-14
Category : Computers
ISBN : 9781108844932

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Artificial Intelligence and International Economic Law by Shin-yi Peng,Ching-Fu Lin,Thomas Streinz Pdf

Examines the interplay between artificial intelligence and international economic law, and its effects on global economic order. This title is also available as Open Access.

International Courts and the Development of International Law

Nerina Boschiero,Tullio Scovazzi,Cesare Pitea,Chiara Ragni
International Courts and the Development of International Law Book PDF

Author : Nerina Boschiero,Tullio Scovazzi,Cesare Pitea,Chiara Ragni
Publisher : Springer Science & Business Media
Page : 948 pages
File Size : 46,5 Mb
Release : 2013-03-15
Category : Law
ISBN : 9789067048941

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International Courts and the Development of International Law by Nerina Boschiero,Tullio Scovazzi,Cesare Pitea,Chiara Ragni Pdf

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.

Cultural Heritage in International Economic Law

Valentina Vadi
Cultural Heritage in International Economic Law Book PDF

Author : Valentina Vadi
Publisher : Martinus Nijhoff Publishers
Page : 525 pages
File Size : 44,6 Mb
Release : 2023
Category : Business & Economics
ISBN : 9789004347823

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Cultural Heritage in International Economic Law by Valentina Vadi Pdf

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.

WTO Law and Trade Policy Reform for Low-Carbon Technology Diffusion

Zaker Ahmad
WTO Law and Trade Policy Reform for Low Carbon Technology Diffusion Book PDF

Author : Zaker Ahmad
Publisher : BRILL
Page : 323 pages
File Size : 49,6 Mb
Release : 2021-02-08
Category : Law
ISBN : 9789004446090

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WTO Law and Trade Policy Reform for Low-Carbon Technology Diffusion by Zaker Ahmad Pdf

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.

Multilevel Constitutionalism for Multilevel Governance of Public Goods

Ernst Ulrich Petersmann
Multilevel Constitutionalism for Multilevel Governance of Public Goods Book PDF

Author : Ernst Ulrich Petersmann
Publisher : Bloomsbury Publishing
Page : 416 pages
File Size : 49,9 Mb
Release : 2017-01-12
Category : Law
ISBN : 9781509909070

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Multilevel Constitutionalism for Multilevel Governance of Public Goods by Ernst Ulrich Petersmann Pdf

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.

Redesigning the World Trade Organization for the Twenty-first Century

Debra P. Steger
Redesigning the World Trade Organization for the Twenty first Century Book PDF

Author : Debra P. Steger
Publisher : Wilfrid Laurier Univ. Press
Page : 498 pages
File Size : 42,9 Mb
Release : 2009-12-15
Category : Political Science
ISBN : 1554581745

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Redesigning the World Trade Organization for the Twenty-first Century by Debra P. Steger Pdf

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

Feminist Dialogues on International Law

Gina Heathcote
Feminist Dialogues on International Law Book PDF

Author : Gina Heathcote
Publisher : Oxford University Press
Page : 240 pages
File Size : 43,8 Mb
Release : 2019-01-17
Category : Law
ISBN : 9780191508196

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Feminist Dialogues on International Law by Gina Heathcote Pdf

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.

Regime Interaction in International Law

Margaret A. Young
Regime Interaction in International Law Book PDF

Author : Margaret A. Young
Publisher : Cambridge University Press
Page : 347 pages
File Size : 50,6 Mb
Release : 2012-01-12
Category : Law
ISBN : 9781107010482

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Regime Interaction in International Law by Margaret A. Young Pdf

Leading scholars advance the discussion of international law's fragmentation in new and provocative ways.