Sovereignty, the WTO, and Changing Fundamentals of International Law

Sovereignty, the WTO, and Changing Fundamentals of International Law PDF

Author: John H. Jackson

Publisher: Cambridge University Press

Published: 2006-03-27

Total Pages: 27

ISBN-13: 1139452738

DOWNLOAD EBOOK →

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 Sovereignty And the WTO

Environmental Sovereignty And the WTO PDF

Author: Bradly J. Condon

Publisher: BRILL

Published: 2006

Total Pages: 365

ISBN-13: 1571053662

DOWNLOAD EBOOK →

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.

Cross-border Water Trade: Legal and Interdisciplinary Perspectives

Cross-border Water Trade: Legal and Interdisciplinary Perspectives PDF

Author: Piotr Szwedo

Publisher: BRILL

Published: 2018-11-13

Total Pages: 402

ISBN-13: 9004382895

DOWNLOAD EBOOK →

Cross-border Water Trade: Legal and Interdisciplinary Perspectives is a critical assessment of one of the growing problems faced by the international community - the global water deficit.Apart from theoretical considerations it has very practical consequences, as cross-border water trade appears to constitute one of the most effective ways of balancing water deficits worldwide.

Treaty Interpretation by the WTO Appellate Body

Treaty Interpretation by the WTO Appellate Body PDF

Author: Isabelle Van Damme

Publisher:

Published: 2009

Total Pages: 487

ISBN-13: 0199562237

DOWNLOAD EBOOK →

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.

The UN Friendly Relations Declaration at 50

The UN Friendly Relations Declaration at 50 PDF

Author: Jorge E. Viñuales

Publisher: Cambridge University Press

Published: 2020-10-08

Total Pages: 1047

ISBN-13: 1108662307

DOWNLOAD EBOOK →

The year 2020 marks the 75th anniversary of the United Nations Organisation, and the 50th anniversary of the United Nations Friendly Relations Declaration, which states the fundamental principles of the international legal order. In commemoration, some of the world's most prominent international law scholars from all continents have come together to offer a comprehensive study of the fundamental principles of international law. Each chapter in this volume reflects decades of experience, work and reflection by the most authoritative voices of the field. At the same time, the book is an invitation to end narrow specialisation and re-engage with the wider body of rules and processes that lie at the foundations of the international legal order.

The World Trade Organization

The World Trade Organization PDF

Author: John Howard Jackson

Publisher: Burns & Oates

Published: 1998

Total Pages: 193

ISBN-13: 9781855673533

DOWNLOAD EBOOK →

By the author of Restructuring the GATT System, this study discusses the strengths and limitations of the World Trade Organization and how it will need to adapt to meet new demands.

Government Internet Censorship Measures and International Law

Government Internet Censorship Measures and International Law PDF

Author: I-Ching Chen

Publisher: LIT Verlag Münster

Published: 2020-01-08

Total Pages: 408

ISBN-13: 3643910517

DOWNLOAD EBOOK →

Internet governance is a simple term without a simple definition. In the name of Internet sovereignty, nations have begun to implement various regulations to control the flow of information within or across their virtual territorial boundaries. The unique interconnected and multilateral characteristics of the Internet renders it impossible for one nation alone to provide adequate solutions to managing the Internet. The author argues that many of the issues related to Internet governance should be allocated to international institutions and a nation's sovereign power over the Internet should be bounded by its commitments and responsibilities under international law. In the absence of a coherent regulatory framework, this book examines whether the existing international legal systems are sufficiently generic to accommodate the challenges brought about by technological developments.