Download the wto dispute settlement system challenges of the environment legitimacy and fragmentation global trade law in pdf or read the wto dispute settlement system challenges of the environment legitimacy and fragmentation global trade law in pdf online books in PDF, EPUB and Mobi Format. Click Download or Read Online button to get the wto dispute settlement system challenges of the environment legitimacy and fragmentation global trade law in pdf book now. This site is like a library, Use search box in the widget to get ebook that you want.



The Wto Dispute Settlement System

Author: Kati Kulovesi
Publisher: Kluwer Law International B.V.
ISBN: 9041134069
Size: 10.49 MB
Format: PDF, ePub
View: 2574
Download and Read
Tensions between economic interests and environmental protection have assumed crisis proportions in awareness at every level of society. In particular, the World Trade Organization has become entangled in controversies related to legitimacy, democracy, environmental protection, and fragmentation of international law, fuelling a contentious debate on the use (or abuse) of environmental norms at the WTO. To a greater degree than any comparable treatment, this book focuses on the role of the WTO dispute settlement system in addressing trade-environment conflicts. Highlighting the ways in which environmental issues challenge the legitimacy of WTO jurisprudence, it considers such relevant core issues as the following: challenges posed to the WTO by so-called and"linkageand" issues, such as environmental protection, labour, and investment; to what extent the WTO can apply rules of international law (e.g., environmental ones) that are not contained in the WTO agreements; and concerns over the Dispute Settlement System's lack of democratic accountability in matters of great public interest. The study analyses in detail the role of international environmental law in three key WTO cases, namely the Shrimp-Turtle, Hormones and Biotech disputes. This deeply informed and thoughtful book is of special importance for its proposals on how the WTO dispute settlement system can improve its legitimacy while respecting the limits of its mandate. It will be welcomed by international trade attorneys, environmental lawyers, concerned academics and students, and government officials in both trade and environmental policy.

Environmental Policy Non Product Related Process And Production Methods And The Law Of The World Trade Organization

Author: Amber Rose Maggio
Publisher: Springer
ISBN: 3319611550
Size: 12.81 MB
Format: PDF, Docs
View: 5961
Download and Read
This book explores the legal regime of non-product related process and production methods (NPR PPMs) in the context of trade-restrictive environmental measures, eco-labelling requirements and sanitary measures under the WTO. These issues serve as concrete, representative examples that raise broader questions about the legitimacy of the WTO dispute settlement system and help to explore the true position of WTO members in this complex legal regime. NPR PPMs are process and production methods that do not affect the product as such, meaning that there is no discernible difference in two products with different NPR PPMs. This work examines WTO states’ attempts to regulate in this regard and create product distinctions on the basis of NPR PPMs. To do so, it scrutinizes historical, institutional, substantive and case-law issues related to NPR PPMs, environmental policy and the WTO. Further, the book addresses the issues of legitimacy, regulatory space and reform, contributing to the lively debate on the future of the WTO.

Research Handbook On International Law And Natural Resources

Author: Elisa Morgera
Publisher: Edward Elgar Publishing
ISBN: 1783478330
Size: 34.85 MB
Format: PDF, ePub, Mobi
View: 4679
Download and Read
Research Handbook on International Law and Natural Resources provides a systematic and comprehensive analysis of the role of international law in regulating the exploration and exploitation of natural resources. It illuminates interactions and tensions between international environmental law, human rights law and international economic law. It also discusses the relevance of soft law, international dispute settlement, as well as of various unilateral, bilateral, regional and transnational initiatives in the governance of natural resources. While the Handbook is accessible to those approaching the subject for the first time, it identifies pressing areas for further investigation that will be of interest to advanced researchers.

The Gatt Wto Dispute Settlement System

Author: Ernst-Ulrich Petersmann
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041109330
Size: 73.30 MB
Format: PDF, Mobi
View: 7512
Download and Read
The GATT and WTO dispute settlement systems have become the most frequently used international mechanisms for the settlement of trade disputes among governments. The 1994 Agreement Establishing the WTO introduced a historically unprecedented new dispute settlement procedure for conflicts involving trade in goods and services, trade-related investment measures, and intellectual property rights. This procedure provided for the compulsory jurisdiction of the WTO Dispute Settlement Body, WTO Panels, and the WTO Appellate Body. The first 18 months from the time the WTO Agreement came into force on 1 January 1995 witnessed more than 50 invocations of the new dispute settlement procedures by a large number of countries, including many from the developing world. This large response, and the proposals for further extending the scope of WTO law, suggest that the WTO dispute settlement system will continue to be the most frequently applied, worldwide systems for the legal settlement of trade disputes among governments. This book provides students, lawyers and diplomats a thought-provoking and practice-oriented analysis of the GATT/WTO dispute settlement rules, procedures, and problems. The Annexes include a useful collection of relevant texts and tables of past GATT and WTO case law.

The European Union And International Dispute Settlement

Author: Marise Cremona
Publisher:
ISBN: 9781509903238
Size: 34.16 MB
Format: PDF, Docs
View: 6608
Download and Read
This monograph explores the connections between the European Union and international dispute settlement. It highlights the legal challenges faced by the principal players in the field: namely the EU as a political actor and the Court of Justice of the EU as an international and domestic judiciary. In addition, it places the subject in its broader context of international dispute settlement, and the participation of the EU and its Member States in international disputes. It focuses on horizontal and cross-cutting themes, bringing together insights from the different sectors of trade, investment and human rights, and offering a variety of perspectives from academics, policymakers and practitioners. [Subject: European Law, Public International Law, Arbitration & Mediation]

International Trade Law And The Gatt Wto Dispute Settlement System

Author: Ernst-Ulrich Petersmann
Publisher:
ISBN: 9789041106841
Size: 22.20 MB
Format: PDF, ePub, Docs
View: 7111
Download and Read
Unlike the UN and EC law, there has been little discussion of the problems of GATT/WTO law and GATT dispute settlement practice in the recent legal literature. This new book is the result of an initiative by the International Trade Law Committee of the International Law Committee of the International Law Association to promote the progressive development of GATT/WTO law, and especially of its dispute settlement system, by making a comparative legal study of international and regional law and dispute settlement practice. Part I of the book introduces the basic principles, procedures and historical evolution of the GATT/WTO dispute settlement system. It analyses the first experience and current legal problems with the new WTO dispute settlement system, such as the application of the Dispute Settlement Understanding to trade in services, intellectual property rights and restrictive business practices. Part II examines the evolution of international trade law, and the application of the GATT/WTO dispute settlement procedures in specific areas of international economic law, such as anti-dumping law, agricultural and textiles trade, restrictive business practices, and the Agreement on Government Procurement. Part III describes procedures for the settlement of international trade disputes in domestic courts and regional trade agreements, such as the EC, the South American Common Market and NAFTA, and examines their interrelationships with the GATT/WTO dispute rules and procedures.

Equity And Equitable Principles In The World Trade Organization

Author: Anastasios Gourgourinis
Publisher: Routledge
ISBN: 1317964160
Size: 76.98 MB
Format: PDF, ePub
View: 1173
Download and Read
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.

Evolution Of International Environmental Regimes

Author: Simone Schiele
Publisher: Cambridge University Press
ISBN: 1107044154
Size: 75.50 MB
Format: PDF
View: 3979
Download and Read
Using the international climate regime as an example, Simone Schiele analyses the ability of international environmental regimes to evolve over time.

Legitimacy And International Courts

Author: Harlan Grant Cohen
Publisher: Cambridge University Press
ISBN: 110842385X
Size: 45.65 MB
Format: PDF, Kindle
View: 5650
Download and Read
An interdisciplinary volume exploring the concept of legitimacy in relation to international courts and what can drive and weaken it.