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International Organizations In Wto Dispute Settlement

Author: Marina Foltea
Publisher: Cambridge University Press
ISBN: 1139851896
Size: 37.85 MB
Format: PDF, Docs
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This book analyses the role of international organizations in WTO dispute settlement as arising from a number of WTO disputes. In particular, the roles of the IMF, WIPO, WCO and WHO are addressed. The use of the Vienna Convention rules of interpretation framework allows an evaluation of the weight attributed to this material by the WTO adjudicator. This allows specific conclusions to be drawn regarding the level of institutional sensitivity of the WTO adjudicator to each of the organizations. As well as being a valuable source of research, the analysis will appeal to international law scholars, civil servants and law practitioners interested in the WTO and dispute settlement.

Implementing International Economic Law

Author: Yusuf Aksar
Publisher: Martinus Nijhoff Publishers
ISBN: 9004203834
Size: 74.79 MB
Format: PDF
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Implementing International Economic Law focuses on the relationship between the rules of public international law and international economic law from the point of view of dispute settlement mechanisms. It demonstrates that the practice of international adjudicative bodies such as the WTO and the ICSID went beyond merely interpreting and applying the rules of law and became international organisations as “law-makers”. This is where the sources of international law play a crucial role.

The Wto At Ten

Author: Giorgio Sacerdoti
Publisher: Cambridge University Press
ISBN: 0521863147
Size: 57.92 MB
Format: PDF, ePub, Mobi
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Assesses the past ten years of the WTO and the dispute settlement system.

The Oxford Handbook Of International Trade Law

Author: Daniel L. Bethlehem
Publisher: Oxford University Press, USA
ISBN: 0199231923
Size: 16.25 MB
Format: PDF, ePub
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The Oxford Handbook of International Trade Law explores the law of the World Trade Organization and its broader context. It examines the discipline of international trade law itself and also the outside face of international trade law and its intersection with states and with other aspects of the international system. It covers the economic and institutional context of the world trading system, the substantive law of the WTO, the WTO dispute settlement system,and the interaction between trade and other disciplines and fields of international law.

Eu Liability And International Economic Law

Author: Armin Steinbach
Publisher: Bloomsbury Publishing
ISBN: 1509901604
Size: 19.12 MB
Format: PDF
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The book provides both a legal and economic assessment of an increasingly important issue for the EU: the question of whether individuals can hold the European Union liable for damages they suffer due to its infringement of international economic law. However, liability regimes vary depending on the issue concerned. In international trade law the individual holds a weak position, being deprived of both legal remedies to seek annulment and damages. This is due to the constant refusal of the direct effect of WTO law. By contrast, international investment law has been designed in an 'individualistic' manner from the outset – states agree reciprocally to grant certain procedural and substantial individual rights, which they invoke to claim damages before international tribunals rather than domestic courts. The divergent role of the individual in the respective area of international economic law leads to a different set of research questions related to liability. In international trade law, the doctrinal exercise of de-coupling the notion of direct effect from liability is at the core of establishing liability. In international investment law, liability is connected to a number of issues emerging from the recent transfer of competence pertaining to investment issues from Member States to the EU and the nature of investment agreements as mixed agreements. Against this backdrop, exploring liability issues in the area of international economic law reveals a heterogeneous set of questions depending on the area of law concerned, thus offering different perspectives for studying liability issues.

The Oxford Handbook On The World Trade Organization

Author: Amrita Narlikar
Publisher: Oxford University Press
ISBN: 0199586101
Size: 41.87 MB
Format: PDF
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This handbook provides a holistic understanding of what the World Trade Organization does, how it goes about fulfilling its tasks, its achievements and problems, and how it might contend with some critical challenges.

Legal Principles In Wto Disputes

Author: Andrew D. Mitchell
Publisher: Cambridge University Press
ISBN: 9781139474269
Size: 46.93 MB
Format: PDF, ePub, Docs
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Principles play a crucial role in any dispute settlement system, and the World Trade Organization (WTO) is no exception. However, WTO Panels and the Appellate Body have been too timid in using principles, sometimes avoiding their use when appropriate and at other times using them without fully acknowledging that they are doing so. Perhaps more worryingly, these bodies often fail to delve deeply enough into principles. They tend to overlook key questions such as the legal basis for using a given principle, whether the principle is being used in an interpretative manner or as applicable law and the meaning of the principle in public international law. This book establishes a framework for addressing these questions. The use of such a framework should allay fears and misconceptions about the use of principles and ensure that they are used in a justifiable manner, improving the quality of dispute settlement in the WTO.