The Wto And The New Generation Eu Fta Dispute Settlement Mechanisms

Author : Cornelia Furculiță
Publisher : Springer Nature
Page : 371 pages
File Size : 48,7 Mb
Release : 2021-09-10
Category : Law
ISBN : 9783030831189

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The WTO and the New Generation EU FTA Dispute Settlement Mechanisms by Cornelia Furculiță Pdf

This book explores interactions between the new generation EU FTA and the WTO dispute settlement mechanisms, adopting an innovative, comprehensive approach. It investigates how the mechanisms potentially could and actually do compete, conflict, and cooperate, focusing not only on the potential negative consequences of fragmentation, but also on how synergies could be enhanced. Thus, unlike the existing literature, which chiefly focuses on conflicting interactions, it considers positive and negative interactions alike. Moreover, the book explores the topic in light of the most recent changes in and challenges to the international trade law regime. Particular attention is paid to how the multilateral and bilateral mechanisms studied interact with regard to the current WTO dispute settlement crisis and the EU-backed multi-party interim appeal arbitration arrangement. Thus, the book provides up-to-date answers to compelling questions. It also examines in detail the new generation EU FTA dispute settlement mechanisms, an aspect which has not been the subject of thorough research to date.The book pursues an interdisciplinary approach, combining legal methodology, international relations and political science theories with interviews. Given its scope, the book will appeal to researchers and scholars whose work involves international trade law issues. However, it will also be of interest to general international law academics, as it touches upon such issues as fragmentation, forum shopping, and general rules of interpretation. Furthermore, by analysing and presenting proposals with regard to the new generation EU FTAs, it will also be pertinent to the work of EU policymakers and researchers studying EU trade law.

Author : Alberto do Amaral Júnior,Luciana Maria de Oliveira Sá Pires,Cristiane Lucena Carneiro
Publisher : Springer
Page : 391 pages
File Size : 47,9 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.

Author : Rahmat Mohamad
Publisher : Unknown
Page : 196 pages
File Size : 46,8 Mb
Release : 2004
Category : Arbitration (International law)
ISBN : UCSD:31822035529239

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Understanding Dispute Settlement Mechanisms in the World Trading System by Rahmat Mohamad Pdf

Author : Rohini Acharya
Publisher : Cambridge University Press
Page : 753 pages
File Size : 41,8 Mb
Release : 2016-09-22
Category : Business & Economics
ISBN : 9781107161641

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Regional Trade Agreements and the Multilateral Trading System by Rohini Acharya Pdf

This book explores bilateral and regional trade agreements, and examines how they are changing international trade rules. It offers an important contribution to the current debate on the role of the WTO in regulating international trade and how WTO rules relate to new rules being developed by regional trade agreements.

Author : Fahey, Elaine,Mancini, Isabella
Publisher : Edward Elgar Publishing
Page : 315 pages
File Size : 49,8 Mb
Release : 2022-10-07
Category : Law
ISBN : 9781802202984

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Understanding the EU as a Good Global Actor by Fahey, Elaine,Mancini, Isabella Pdf

This timely book investigates the EU’s multi-faceted development as a global actor, unpacking its legal mission to be a ‘good’ actor as well as exploring the complexities of fulfilling this objective. It elicits critical reflections on the question of ‘goodness’ in EU external relations from descriptive, analytical and normative perspectives, and examines which metrics of actorness are useful in tackling this subject.

Author : Giuliana Ziccardi Capaldo
Publisher : Oxford University Press
Page : 1012 pages
File Size : 41,9 Mb
Release : 2017-08-28
Category : Law
ISBN : 9780190848200

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The Global Community Yearbook Of International Law and Jurisprudence 2016 by Giuliana Ziccardi Capaldo Pdf

The Global Community Yearbook is a one-stop resource for all researchers studying international law generally or international tribunals specifically. The Yearbook has established itself as an authoritative source of reference on global legal issues and international jurisprudence. It includes analysis of the most significant global trends in a way that allows readers to monitor the development of the global legal order from several perspectives. The Global Community Yearbook publishes annually in a volume of carefully chosen primary source material and corresponding expert commentary. The general editor, Professor Giuliana Ziccardi Capaldo, employs her vast expertise in international law to select excerpts from important court opinions and to choose experts from around the world to contribute essay-guides, which illuminate those cases. Although the main focus is recent case law from the major international tribunals and regional courts, the first four parts of each year's edition features expert articles by renowned scholars who address broader themes in current and future developments in international law and global policy, themes that appear throughout the case law of the many courts covered by the series as a whole. The Global Community Yearbook has thus become not just an indispensable window to recent jurisprudence: the series now also serves to prepare researchers for the issues facing emerging global law. The 2016 edition of The Global Community Yearbook both updates readers on the important work of long-standing international tribunals and introduces readers to more novel topics in international law. The Yearbook has established itself as an authoritative resource for research and guidance on the jurisprudence of U.N.-based tribunals and regional courts. The 2016 edition continues to provide expert coverage of the EU Court of Justice and diverse tribunals from the International Court of Justice (ICJ) to criminal tribunals such as the International Criminal Court (ICC) and the Tribunals for the Former Yugoslavia and Rwanda, to economically based tribunals such as ICSID and the WTO Dispute Resolution panel, to human rights courts such as ECtHR and IACtHR. This edition contains original research articles on the development and analysis of the concept of global law and the views of the global law theorists, such as the Editorial focusing on a new remedy for the violation of the jus cogens principle concerning the imprescriptibility of torture. This edition also includes expert introductory essays by prominent scholars in the realm of international law, on topics as diverse and current as the role of the WTO's Appellate Body in interpreting the TRIPS Agreement and an examination of the EU Court of Justice data protection framework in light of the EU Charter of Fundamental Rights. Researchers will find detailed guidance on a rich diversity of legal topics, from an examination of the processes under which transnational criminal law norms have been adopted and the process under which these norms have been globally implemented, to the impact post-conviction DNA testing has had on the criminal justice system in the United States. This edition also provides students, scholars, and practitioners a valuable combination of expert discussion and direct quotes from the court opinions to which that discussion relates. This publication can also be purchased on a standing order basis.

Author : Michael Hahn,Guillaume Van der Loo
Publisher : Studies in Eu External Relatio
Page : 622 pages
File Size : 50,6 Mb
Release : 2020-12-17
Category : Law
ISBN : 9004393404

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Law and Practice of the Common Commercial Policy by Michael Hahn,Guillaume Van der Loo Pdf

Présentation de l'éditeur : "Law and Practice of the Common Commercial Policy provides a critical analysis of the European Union (EU)'s trade law and policy since the Treaty of Lisbon. In particular, it analyses the salient changes brought by the Treaty of Lisbon to the Common Commercial Policy (CCP), focussing on the relevant case law of the Court of Justice of the European Union (ECJ), EU free trade agreements, investment protection, trade defence, institutional developments and the nexus between the CCP and other EU policies. The volume brings together a group of distinguished authors, including former and current members of the ECJ, practitioners, officials from EU institutions and Member States and leading scholars in the area of EU trade and external relations law."

Author : Chien-Huei Wu,Frank Gaenssmantel
Publisher : Routledge
Page : 271 pages
File Size : 53,8 Mb
Release : 2019-11-22
Category : Business & Economics
ISBN : 9780429867569

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Law and Diplomacy in the Management of EU–Asia Trade and Investment Relations by Chien-Huei Wu,Frank Gaenssmantel Pdf

This volume fills a gap in the literature regarding questions around the interactive dynamics between law and diplomacy on international trade and investment. It brings together lawyers and political scientists from Europe and Asia in an interdisciplinary effort at tracing the respective roles of law and diplomacy in the relations of the European Union (EU) with its trade and investment partners in Asia. Focusing on trade and investment relations with Asia, the EU presents a particularly interesting case as it has been a strong proponent of a rules-based international economic order for years and a frequent user of the formal procedures established in international treaties in case of disputes. At the same time, it has kept diplomatically active to adjust dispute management and international agreements to the needs and demands of the partners involved. Furthermore, not only is this region of crucial importance due to the presence of both vigorous emerging economies, like China, India and Vietnam, and more established partners, like Japan, EU-Asia relations also present a broad set of economic disputes and recent negotiation efforts analyzed in the contributions to this volume. This book will be of key interest to scholars and students of international trade/economic law, EU politics, EU external relations (law), international relations, diplomacy and more broadly to international relations and Asian studies.

Author : World Trade Organization
Publisher : Cambridge University Press
Page : 417 pages
File Size : 49,9 Mb
Release : 2017-09-14
Category : Law
ISBN : 9781108417273

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A Handbook on the WTO Dispute Settlement System by World Trade Organization Pdf

The WTO dispute settlement system has become one of the most dynamic, effective and successful international dispute settlement systems in the world over the past twenty years. This second edition of A Handbook on the WTO Dispute Settlement System has been compiled by the dispute settlement lawyers of the WTO Secretariat with a view to providing a practice-oriented account of the system. In addition to describing the existing rules and procedures, this accessibly written handbook explains how those rules and procedures have been interpreted by dispute settlement panels and the Appellate Body, and how they have evolved over time. The handbook provides practical information to help various audiences understand the day-to-day operation of the WTO dispute settlement system.

Author : Mavroidis, Petros C.
Publisher : Edward Elgar Publishing
Page : 640 pages
File Size : 44,6 Mb
Release : 2022-07-15
Category : Political Science
ISBN : 9781803921747

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The WTO Dispute Settlement System by Mavroidis, Petros C. Pdf

This incisive book provides a comprehensive overview of the WTO dispute settlement practice from 1995 up until the present day, illustrating the need for it to be resurrected from its current state of crisis. The WTO Dispute Settlement System will prove an essential read for students and scholars of WTO law, as well as lawyers, political scientists and policy-oriented economists interested in the WTO dispute settlement system.

Author : Wolfgang Weiß,Cornelia Furculita
Publisher : Springer Nature
Page : 281 pages
File Size : 43,7 Mb
Release : 2020-02-24
Category : Law
ISBN : 9783030345884

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Global Politics and EU Trade Policy by Wolfgang Weiß,Cornelia Furculita Pdf

This book explores how the European Union designs its trade policy to face the most recent challenges and to influence global policy issues. It provides with an interdisciplinary perspective, by combining legal, political, and economic approaches. It studies a broad set of trade instruments that are used by the EU in its trade policy, such as: trade agreements, multilateral initiatives, unilateral trade policies, as well as, internal market tools. Therefore, the contributions to this volume present the EU’s Trade Policy through different lenses providing a complex view of it.

Author : Emil J. Kirchner,Han Dorussen
Publisher : Routledge
Page : 222 pages
File Size : 45,8 Mb
Release : 2018-09-28
Category : Political Science
ISBN : 9780429850752

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EU-Japan Security Cooperation by Emil J. Kirchner,Han Dorussen Pdf

This book assesses EU-Japan security relations, examining how they have developed in individual security sectors and how they could be affected by international developments. The conclusions of the Economic Partnership Agreement and the Strategic Partnership Agreement in 2017 demonstrate the steady growth in EU-Japan political relations. Since the 1990s, dialogues between the EU and Japan have benefitted from extensive trade and investment ties and shared liberal values. Based on collaborative research by European and Japanese scholars, this book provides an in-depth, systematic and comparative analysis of the extent to which the EU and Japan have achieved concrete actions in the pursuance of security cooperation across a range of key areas such as nuclear proliferation, regional security, international terrorism, and energy and climate security. Further, it seeks to explain why some security sectors (such as economic and cybersecurity) have resulted in more extensive EU-Japan cooperation, while others lag behind (such as military and regional security). Common declarations and actions of shared interest and concerns have often led to only modest levels of security collaboration, and the book highlights factors that may be seen as intervening between intention and action, such as the role of external actors, for instance China and the US, and the constraints of internal EU and domestic Japanese politics. This book will be of much interest to students of European security, Japanese politics, diplomacy studies and international relations.

Author : Luchino Ferraris
Publisher : BRILL
Page : 288 pages
File Size : 43,5 Mb
Release : 2023-09-14
Category : Law
ISBN : 9789086868971

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The pursuit of sustainable agriculture in EU free trade agreements by Luchino Ferraris Pdf

This book explores the extent to which EU Free Trade Agreements (FTAs) pursue sustainable agriculture in third country parties. It contends that this should be part of a duty for the EU enshrined in the Treaties to promote its fundamental values in its external action. It suggests that the extent to which this occurs in practice, may be reviewed judicially by the Court of Justice of the European Union. Against this background, selected agreements concluded by the EU with developed and developing countries (Canada, South Korea, Ukraine, Chile, SADC countries and Vietnam) are taken as case studies. The author concludes that, in spite of the remarkable progress made hitherto, EU trade policy is still far from being in line with the increasingly strong commitment of the EU to take the lead in the international arena for environmental and climate matters. This work adopts primarily a legal methodology, but it broaches the subject in interdisciplinary terms. It is addressed not only to (EU) policy-makers, but also to scholars of different fields and to the wider public interested in topics that have become of common concern for the future of our planet. With a foreword by Daniel Calleja Crespo, Director General of the European Commission - DG Environment

Author : Elena Cima
Publisher : BRILL
Page : 374 pages
File Size : 42,8 Mb
Release : 2021-10-18
Category : Law
ISBN : 9789004467569

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From Exception to Promotion by Elena Cima Pdf

From Exception to Promotion: Re-Thinking the Relationship between International Trade and Environmental Law tells a new, unconventional story of the nexus between international trade and environmental law - a story in which the keyword is synergy rather than conflict, and where the trade regime was always meant for something greater than simply trade liberalization. This ‘something greater’ was peace in the first half of the 20th century. Today, it is sustainable development, environmental protection, and social inclusion. Environmental protection is therefore neither antithetical to the overarching purpose of the trading system nor simply a ‘non-trade’ issue to be incorporated within the trade regime, but rather part of its very nature and purpose. By telling this ‘untold’ story of the nexus, this book intends to raise historical awareness and open a constructive discussion on the future of the trade regime and of international economic law governance at large.

Author : Anonim
Publisher : Oxford University Press
Page : 289 pages
File Size : 51,6 Mb
Release : 2024-04-11
Category : Law
ISBN : 9780198908302

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The Law and Politics of Brexit: Volume V by Anonim Pdf

The Trade & Cooperation Agreement (TCA) is the treaty which regulates free trade and economic arrangements between the European Union (EU) and the United Kingdom (UK) post-Brexit. The treaty entered into force provisionally on 1 January 2021 and officially on 1 May 2021, and has governed trade relations between the parties since. This book brings together contributions by leading scholars in EU and international trade law, economics and political science to provide a comprehensive, interdisciplinary analysis of the TCA. It contextualizes the treaty and identifies several emerging political, economic, and security challenges, which serve as the background to evolving EU-UK relations. The book also unpacks the treaty's complex provisions on customs and rules of origin, investments, services and procurement, subsidies, fisheries, aviation, cooperation on energy, environment, health, social security, and on UK participation in EU programs. Furthermore, it provides an updated assessment of EU-UK disagreement on the implementation of the Protocol on Ireland/NI, and considers the positive impact of the Windsor Framework in rebuilding trust between the parties, and the possibilities to further expand EU-UK cooperation within the TCA and beyond. This is an open access title. It is made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 International licence. It is available to read and download as a PDF version on the Oxford Academic platform.