The WTO and the New Generation EU FTA Dispute Settlement Mechanisms

The WTO and the New Generation EU FTA Dispute Settlement Mechanisms PDF

Author: Cornelia Furculiță

Publisher:

Published: 2021

Total Pages: 0

ISBN-13: 9783030831196

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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.

The WTO Dispute Settlement Mechanism

The WTO Dispute Settlement Mechanism PDF

Author: Alberto do Amaral Júnior

Publisher: Springer

Published: 2019-04-09

Total Pages: 391

ISBN-13: 3030032639

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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.

The WTO and the New Generation EU FTA Dispute Settlement Mechanisms

The WTO and the New Generation EU FTA Dispute Settlement Mechanisms PDF

Author: Cornelia Furculiță

Publisher: Springer

Published: 2022-09-11

Total Pages: 0

ISBN-13: 9783030831202

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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.

The WTO and the New Generation EU FTA Dispute Settlement Mechanisms

The WTO and the New Generation EU FTA Dispute Settlement Mechanisms PDF

Author: Cornelia Furculiță

Publisher: Springer Nature

Published: 2021-09-10

Total Pages: 371

ISBN-13: 3030831183

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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.

Regional Trade Agreements and the Multilateral Trading System

Regional Trade Agreements and the Multilateral Trading System PDF

Author: Rohini Acharya

Publisher: Cambridge University Press

Published: 2016-09-22

Total Pages: 753

ISBN-13: 1107161649

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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.

A Handbook on the WTO Dispute Settlement System

A Handbook on the WTO Dispute Settlement System PDF

Author: World Trade Organization

Publisher: Cambridge University Press

Published: 2017-09-14

Total Pages: 417

ISBN-13: 1108417272

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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.

Understanding the EU as a Good Global Actor

Understanding the EU as a Good Global Actor PDF

Author: Fahey, Elaine

Publisher: Edward Elgar Publishing

Published: 2022-10-07

Total Pages: 315

ISBN-13: 1802202986

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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.

The Global Community Yearbook Of International Law and Jurisprudence 2016

The Global Community Yearbook Of International Law and Jurisprudence 2016 PDF

Author: Giuliana Ziccardi Capaldo

Publisher: Oxford University Press

Published: 2017-08-28

Total Pages: 1012

ISBN-13: 0190848200

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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.

Global Politics and EU Trade Policy

Global Politics and EU Trade Policy PDF

Author: Wolfgang Weiß

Publisher: Springer Nature

Published: 2020-02-24

Total Pages: 281

ISBN-13: 3030345882

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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.