the wto dispute settlement system challenges of the environment legitimacy and fragmentation global trade law

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The Wto Dispute Settlement System

Author : Kati Kulovesi
ISBN : 9789041134066
Genre : Law
File Size : 38. 1 MB
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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.

The Legitimacy Of International Trade Courts And Tribunals

Author : Robert Howse
ISBN : 9781108424479
Genre : Law
File Size : 64. 17 MB
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A comprehensive discussion of international trade courts and tribunals with specific emphasis on their performance and legitimacy.

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

Author : Amber Rose Maggio
ISBN : 9783319611556
Genre : Law
File Size : 36. 12 MB
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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.

Border Tax Adjustments Konfliktpotential Zwischen Umweltschutz Und Welthandelsrecht

Author : Barbara Volmert
ISBN : 9783862191215
Genre : Environmental law, International
File Size : 67. 16 MB
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The Gatt Wto Dispute Settlement System

Author : Ernst-Ulrich Petersmann
ISBN : 9041109331
Genre : Political Science
File Size : 26. 60 MB
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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.

Fair Trade

Author : Joseph E. Stiglitz
ISBN : 3938017635
Genre :
File Size : 84. 63 MB
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Law Policy

Author : Baldy Center for Law and Social Policy (Buffalo, N.Y.)
ISBN : STANFORD:36105063782846
Genre : Environmental law, International
File Size : 52. 91 MB
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Minnesota Law Review

Author :
ISBN : OSU:32437121900548
Genre : Law
File Size : 42. 37 MB
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Das Globalisierungs Paradox

Author : Dani Rodrik
ISBN : 3406613519
Genre :
File Size : 35. 14 MB
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Ein Plädoyer gegen Hyperglobalisierung und für eine gewisse demokratische Renationalisierung der Wirtschaftspolitik.

Environmental Law Reporter

Author :
ISBN : STANFORD:36105063843671
Genre : Environmental law
File Size : 57. 64 MB
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