Author: Soyoung Jung Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
Harmonizing policies toward a specific State's environmental policies or the World Trade Organization (WTO)'s economic policies can affect States' rights to implement and enforce national environmental or economic policies. The State harmonization requirement, which restricts trade unless another State adopts a uniform environmental policy, has the potential to infringe on another State's right to determine and enforce its own environmental policy. One State's right to take measures must be balanced with another State's right to choose national policies under the state sovereignty principle of international law. Meanwhile, WTO harmonization, which requires compliance with obligations under WTO rules and the rulings of WTO Dispute Settlement Bodies (DSBs), considers diversity of States' value preferences and the authority of States to make their own policy choices. In this context, the WTO requires a balance between a State's desire to avoid distortion in international competition and another State's right to enforce environmental policies. In sum, in modern state sovereignty principle, a State is more influenced by other States' actions or international institutions' activities because of increased interdependence. Accordingly, both the State and WTO harmonization requirements must be implemented in a way that protects States' rights of environmental policy choice and enforcement.
Author: Trish Kelly Publisher: Edward Elgar Publishing ISBN: Category : Business & Economics Languages : en Pages : 240
Book Description
Provides an analysis of the nine environmental and health disputes that have been adjudicated at the WTO since 1995. This book appeals not only to academics, be they economists, lawyers, political scientists, and academic libraries, but also practitioners, policymakers, and members of consumer, environmental, and business organizations.
Author: Piotr Szwedo Publisher: BRILL ISBN: 9004382895 Category : Law Languages : en Pages : 402
Book Description
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.
Author: Isabelle Van Damme Publisher: ISBN: 0199562237 Category : Law Languages : en Pages : 487
Book Description
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.
Author: Simon Walker Publisher: IUCN ISBN: 2831706041 Category : Agreement on Trade-Related Aspects of Intellectual Property Rights Languages : en Pages : 75
Book Description
This work addresses the environmental and developmental impacts of patent protection by focusing on the global agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). While the TRIPS agreement serves as an important step in harmonizing international intellectual property systems, the author contends that it currently fails to properly balance public and private interests, especially in the gap between rich and poor.
Author: Carlos M. Correa Publisher: Kluwer Law International B.V. ISBN: 9041166580 Category : Law Languages : en Pages : 586
Book Description
The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is the most far-reaching and comprehensive legal regime ever concluded at the multilateral level in the area of intellectual property rights (IPR). Compared to prior IPR conventions, TRIPS constitutes a major qualitative leap which radically modifies not only the context in which IPR are considered internationally, but also their substantive content and the methods for their enforcement and dispute settlement. This much-welcomed treatise, now in its third edition, thoroughly updates its comprehensive analysis of the substantive provisions of the Agreement and their actual interpretation and application in different jurisdictions, with new material on the burgeoning case law and on major changes in plant variety protection. As in previous editions, the book may be relied upon for in-depth clarification of such matters as the following: • standards established under the agreement; • enforcement measures; • social and legal issues; • legal and policy possibilities offered; • legislative latitude allowed to WTO Member States; • incorporation of TRIPS into domestic law; • protection of integrated circuit design; • protection of innovation and R&D for diseases that disproportionately affect developing countries; • challenges raised by ongoing technological changes; • access to medicines; • protection of confidential (undisclosed) information; and • interface between competition law and intellectual property protection. With fifteen chapters contributed by a distinguished panel of experts representing diverse parties — international organisations, legal practice, government policy, and academia — the third edition offers an incomparable framework for understanding the background, principles, and complex provisions of the TRIPS Agreement. Thoroughly revised and updated, the third edition will be of great value to all professionals and business people concerned with international trade. It stimulates further discussion and analysis in this area of growing importance to international law and international economic relations, particularly regarding the possibilities offered by the Agreement and the loose ends that may need consideration in the future at the national or international level.
Author: Ludovica Chiussi Curzi Publisher: BRILL ISBN: 9004440038 Category : Law Languages : en Pages : 404
Book Description
In General Principles for Business and Human Rights in International Law Ludovica Chiussi Curzi offers a critical analysis of the relevance of general principles of law in the multifaceted business and human rights field.
Author: World Trade Organization Publisher: ISBN: Category : Business & Economics Languages : en Pages : 88
Book Description
This research explores how multilateralism in trade has worked over the past twenty years - and provides some lessons about how it can work in the future. It describes the WTO's achievements across a number of key areas, including: strengthening the institutional foundations of the trade system; widening its membership and increasing participation; deepening trade integration through lower barriers and stronger rules; improving transparency and policy dialogue; strengthening dispute settlement; expanding cooperation with other international organizations; and enhancing public outreach. It concludes that the WTO has achieved much over its first twenty years but the success of the WTO has inevitably given rise to new challenges.
Author: International Institute for Sustainable Development Publisher: UNEP/Earthprint ISBN: 1895536219 Category : Environmental policy Languages : en Pages : 96
Book Description
Reference tool to facilitate broader understanding and awareness of relationship between environment and trade which can then become the basis on which fair and environmentally sustainable policies and trade flows are built.
Author: Soyoung Jung
Author: Trish Kelly
Author: Piotr Szwedo
Author: Isabelle Van Damme
Author: Simon Walker
Author: 
Author: Carlos M. Correa
Author: Ludovica Chiussi Curzi
Author: World Trade Organization
Author: International Institute for Sustainable Development