Conflicting Philosophies and International Trade Law PDF Download

Author: Michael Burkard
Publisher: Springer
ISBN: 3319610678
Category : Political Science
Languages : en
Pages : 455

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Book Description
This book reveals how conflicting worldviews are at the root of public controversies on policy and trade issues. It highlights the particularly controversial disputes at the level of the World Trade Organization in the case of regulating beef-hormones and GMOs, aiming to show how negotiators of international agreements, members of dispute settlement bodies, and policy makers in general could have recourse to concepts of other disciplines such as epistemology and philosophy in order to address deadlocked legal disputes. Ultimately, the book is a manifesto for independent and critical research.

Author: Nicole Roughan
Publisher:
ISBN: 0199671419
Category : Law
Languages : en
Pages : 277

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Book Description
The interaction between state, transnational and international law is overlapping and often conflicting. Yet despite this messiness and multiplicity, law still creates obligations for its subjects. Despite its plurality, law still claims some kind of authority. The implications of this plurality of law can be troubling. It generates uncertainty for law-users over which law they are bound by, or for law-makers over the limits of their authority. Thus the practical problem is not plurality of law in itself, rather confusion over law's authority in such pluralist circumstances. Roughan argues that understanding authority in such pluralist circumstances requires a new conception of "relative authority." This book seeks to provide the theoretical tools needed to bring the disciplines examining legal and constitutional pluralism, into more direct engagement with theories of authority, by examining the one practice in which they are all interested: the practice of public authority.

Author: Sergio Dellavalle
Publisher: Springer Nature
ISBN: 3030661792
Category : Philosophy
Languages : en
Pages : 461

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Book Description
No social life is possible without order. Order being the most constituent element of society, it is not surprising that so many theories have been developed to explain what social order is and how it is possible, as well as to explore the features that social order acquires in its different dimensions. The book leads these many theories of social order back to a few main matrices for the use of theoretical and practical reason, which are defined as 'paradigms of order'. The plurality of conceptual constructs regarding social order is therefore reduced to a manageable number of theoretical patterns and an intellectual map is produced in which the most significant differences between paradigms are clearly outlined. Furthermore, the 'paradigmatic revolutions' are addressed that marked the most relevant turning points in the way in which a 'well-ordered society' should be understood. Against this background, the question is discussed on the theoretical and practical perspectives for a cosmopolitan society as the only suitable possibility to meet the global challenges with which we are all presently confronted.

Author: Surabhi Ranganathan
Publisher: Cambridge University Press
ISBN: 1107043301
Category : Law
Languages : en
Pages : 483

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Book Description
A richly textured account of the making, implementing, and changing of international legal regimes, which encompasses law, politics and economics.

Author: Joost Pauwelyn
Publisher: Cambridge University Press
ISBN: 1139436902
Category : Law
Languages : en
Pages : 557

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Book Description
One of the most prominent and urgent problems in international governance is how the different branches and norms of international law interact and what to do in the event of conflict. With no single 'international legislator' and a multitude of states, international organisations and tribunals making and enforcing the law, the international legal system is decentralised. This leads to a wide variety of international norms, ranging from customary international law and general principles of law, to multilateral and bilateral treaties on trade, the environment, human rights, the law of the sea, etc. Pauwelyn provides a framework on how these different norms interact, focusing on the relationship between the law of the World Trade Organisation (WTO) and other rules of international law. He also examines the hierarchy of norms within the WTO treaty. His recurring theme is how to marry trade and non-trade rules, or economic and non-economic objectives at the international level.

Author: Valentin Jeutner
Publisher: Oxford University Press
ISBN: 0192536044
Category : Law
Languages : en
Pages : 209

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Book Description
Conventionally, international legal scholarship concerned with norm conflicts focuses on identifying how international law can or should resolve them. This book adopts a different approach. It focuses on identifying those norm conflicts that law cannot and should not resolve. The book offers an unprecedented, controversial, yet sophisticated, argument in favour of construing such irresolvable conflicts as legal dilemmas. Legal dilemmas exist when a legal actor confronts a conflict between at least two legal norms that cannot be avoided or resolved. Addressing both academics and practitioners, the book aims to identify the character and consequences of legal dilemmas, to distil their legal function within the sphere of international law, and to encourage serious theoretical and practical investigation into the conditions that lead to a legal dilemma. The first part proposes a definition of legal dilemmas and distinguishes the term from numerous related concepts. Based on this definition, the second part scrutinises international law's contemporary norm conflict resolution and accommodation devices in order to identify their limited ability to resolve certain kinds of norm conflicts. Against the background of the limits identified in the second part, the third part outlines and evaluates the book's proposed method of dealing with legal dilemmas. In contrast to conventional approaches that recommend dealing with irresolvable norm conflicts by means of non liquet declarations, judicial law-making, or a balancing test, the book's proposal envisions that irresolvable norm conflicts are dealt with by judicial and sovereign actors in a complementary fashion. Judicial actors should openly acknowledge irresolvable conflicts and sovereign actors should decide with which norm they will comply. The book concludes with the argument that analysing various aspects of international law through the concept of a legal dilemma enhances its conceptual accuracy, facilitates more legitimate decision-making, and maintains its dynamic responsiveness.

Author: Wija Oortwijn
Publisher: Radboud University Press
ISBN: 9083178951
Category : Technology & Engineering
Languages : en
Pages : 173

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Book Description
Health Technology Assessment (HTA) is defined as a multidisciplinary process that uses explicit methods to determine the value of a health technology at different points in its lifecycle. The purpose is to inform decision-making in order to promote an equitable, efficient, and high-quality health system. The definition reflects that facts and values are intertwined in HTA. This means that HTA should be considered as a type of policy analysis, wherein the assessment of safety, clinical and cost implications of health technologies, as well as their wider ethical, legal, social, organizational, environmental and other implications is conducted from the view that these aspects are closely interrelated, and wherein stakeholders are involved in a more productive way throughout the process of HTA. Acknowledging this holds the potential of conducting assessments of health technologies in a way that supports deliberative democratic decision making. In the 2018-2021 EU Erasmus+ strategic partnerships project “VALues In Doing Assessments ofhealthcare TEchnologies” (VALIDATE), a consortium of seven academic and HTA organizations have developed an approach to HTA that allows for the integration of empirical analysis and normative inquiry. The VALIDATE handbook: an approach on the integration of values in doing assessments of health technologies offers the reader an opportunity to get acquainted with the theoretical considerations and apprehend the associated practical and organizational implications of this approach. It offers those interested in HTA to integrate empirical analysis and normative inquiry in a transparent way.

Author:
Publisher: Oxford University Press
ISBN: 0192858777
Category : Law
Languages : en
Pages : 433

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Book Description
Private international law has long been understood as a doctrinal and technical body of law, without interesting theoretical foundations or implications. By systematically exploring the rich array of philosophical topics that are part of the fabric of private international law, Philosophical Foundations of Private International Law fills a significant and long-standing void in the legal and philosophical literature.The contributions to this volume are testimony to the significant potential for interaction between philosophy and private international law. Some aim to expand and rethink classical jurisprudential theories by focusing on law beyond the state and on the recognition of foreign law and judgments in domestic courts. Others bring legal and moral theories to bear on traditional debates in private international law, such as legal pluralism, transnational justice, the interpretation of foreign legal policies, and the boundaries of the legal system. Several engage with the history of both private international law and legal and political philosophy. They point to missed opportunities when philosophers ignored law's transnational dimensions, or when private international law scholars failed to position their theories within broader philosophical schools of thought. Some seek to complete past attempts to articulate the philosophical dimensions of private international law that were never carried through. Thought-provoking and topical, this volume displays the varied themes cutting through the disciplines of private international law and philosophy.

Author: Sanmugam, Mageswaran
Publisher: IGI Global
ISBN:
Category : Education
Languages : en
Pages : 596

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Book Description
In the domains of education, learners tend to lose interest over time when they are being forced to learn. While the use of extrinsic rewards could motivate learners to a certain degree, it is not ideal as a long-term approach. Instead, learners should be inspired and ignited by the passion for learning itself. Persuasion, which refers to a symbolic process that adopts communication as a medium to achieve behavioral and attitudinal change, holds the potential to convince students to act in such a way. Power of Persuasive Educational Technologies in Enhancing Learning addresses the needs of future generation classroom through leveraging the art and science of persuasion to be incorporated into pedagogical, andragogical and Heutagogical approaches in teaching and learning while also utilizing various technologies. Also, this book offers novel and practical proposition and precedent to be employed in training, classrooms, higher institutions and more with the aim of reaching readers such as educators, academicians, researchers, scholars, instructors, instructional designers, and even students.

Author: John Howard Jackson
Publisher: MIT Press
ISBN: 9780262600279
Category : Business & Economics
Languages : en
Pages : 464

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Book Description
Since the first edition of The World Trading System was published in 1989, the Uruguay Round of trade negotiations has been completed, and most governments have ratified and are in the process of implementing the General Agreement on Tariffs and Trade (GATT). In the Uruguay Round, more than 120 nations negotiated for over eight years, to produce a document of some 26,000 pages. This new edition of The World Trading System takes account of these and other developments. Like the first edition, however, its treatment of topical issues is grounded in the fundamental legal, constitutional, institutional, and political realities that mold trade policy. Thus the book continues to serve as an introduction to the study of trade law and policy. Two basic premises of The World Trading System are that economic concerns are central to foreign affairs, and that national economies are growing more interdependent. The author presents the economic principles of international trade policy and then examines how they operate under real- world constraints. In particular, he examines the extremely elaborate system of rules that governs international economic relations. Until now, the bulk of international trade policy has addressed trade in goods; issues inadequately addressed by policy include trade in services, intellectual property rights, certain investment measures, and agriculture. The author highlights the tension between legal rules, designed to create predictability and stability, and the governments need to make exceptions to solve short-term problems. He also looks at weaknesses of international trade policy, especially as it applies to developing countries and economies in transition. He concludes with a look at issues that will shape international trade policy well into the twenty-first century.