Constitutional Justice PDF Download

Author: Trevor R. S. Allan
Publisher: Oxford University Press, USA
ISBN: 9780199267880
Category : Law
Languages : en
Pages : 348

View

Book Description
Scope of Judicial Review

Author: Thomas Cottier
Publisher: University of Michigan Press
ISBN: 047202499X
Category : Law
Languages : en
Pages : 377

View

Book Description
The WTO is generally seen as a key actor of globalization and, as such, has been the point of convergence of popular irritation worldwide. Many of the reproaches addressed to the WTO show civil societys concern with what is perceived as a democratic deficit in the way the organization operates. The main fear is to see trade rise as the ultimate value, prevailing over concerns such as health and environment. The Role of the Judge offers insight into how disputes are solved at the WTO level, into how the judicial branch interacts with the rest of the organization, and into the degree of sensitivity of the system to external input. The book sheds light on the judicial system governing the WTO and shows it to be the only truly multilateral system where disputes are solved by third-party adjudication. The book develops along three lines: the first a search for cases submitted to the WTO where the judge exceeded its authority; the second a comparison of the WTO with the operations of national judicial systems having different levels of integration, specifically the United States (federal level) and the EC (quasi-federal level); and the third an exploration of directions for the future of dispute settlement in the WTO. Reflecting the diversity of its contributors, this book addresses questions of economics, political science, and law, bringing an unusual level of multidisciplinarity to this topic and context. It is designed for both academic readers and practitioners, who will find it full of practical insights as well as rich and detailed analysis. Thomas Cottier is Professor of European and International Economic Law, University of Bern, and Managing Director, World Trade Institute, University of Bern. Petros C. Mavroidis is Professor of Law, University of Neuchâtel. He formerly worked in the Legal Affairs Division of the World Trade Organization. Patrick Blatter is Mavroidiss scientific collaborator.

Author:
Publisher:
ISBN: 9780191705588
Category : Commercial treaties
Languages : en
Pages : 486

View

Book Description
This text analyses the law of treaty interpretation as applied by the WTO Appellate Body. By focusing on the development of the law in practice, and the intersection of customary international law principles with the growth of WTO specific law, the book reveals the complexity of treaty interpretation in a major international law forum.

Author: Shayerah Ilias
Publisher: Nova Publishers
ISBN: 9781604565621
Category : Business & Economics
Languages : en
Pages : 84

View

Book Description
Introduction -- Intellectual property rights basics -- Global intellectual property holdings -- Contribution of intellectual property to U.S. economy -- The organized structure of IPR protection -- U.S. trade law -- Issues for Congress.

Author: Maria Angela Jardim de Santa Cruz Oliveira
Publisher: Springer
ISBN: 3319139029
Category : Law
Languages : en
Pages : 219

View

Book Description
This book addresses the role of domestic courts in the enforcement of international trade agreements by examining the experiences of Brazilian and the European Union courts. This comparative study analyzes the differences, similarities and consequences of Brazilian and European courts’ decisions in relation to the WTO agreements, which have “direct effect” in Latin American emerging economies, but not in the European Union or other developed countries. It observes that domestic courts’ enforcement of international trade agreements has had several unintended and counterproductive consequences, which were foreseeable in light of international scholarly debate on the direct effect of WTO agreements. It draws lessons from these jurisdictions’ experiences and argues that the traditional academic literature that fosters domestic courts’ enforcement of international law should be reconsidered in Latin America in relation to international trade agreements. This book defends the view that, as a result of their function and objectives together with the principles of popular sovereignty and democratic self-government, international trade agreements should not be considered to be self-executing or to have direct effect. This empirical work will be valuable to anyone interested in the effects of international trade rules at the domestic level and the role of domestic judges in international law.

Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216

View

Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Author: Christoph Schreuer (juriste)
Publisher: Cambridge University Press
ISBN: 0521885590
Category : Arbitration and award
Languages : en
Pages : 1599

View

Book Description
This is a practice-oriented guide, including text, commentary, tables and index, for anyone dealing with the International Centre for Settlement of Investment Disputes (ICSID).

Author: Ernst-Ulrich Petersmann
Publisher: Routledge
ISBN: 0429710518
Category : Political Science
Languages : en
Pages : 455

View

Book Description
This book analyzes in four parts constitutional problems of foreign trade policy and foreign trade law in "constitutional democracies" which protect fundamental human rights and effective political equality through constitutional restraints on the exercise of all government powers.

Author: Mark A. Pollack
Publisher: Rowman & Littlefield Publishers
ISBN: 0585384975
Category : Business & Economics
Languages : en
Pages : 367

View

Book Description
Governance in the global economy is a topic of enormous importance. Despite the triumph of free trade, many actors still try to protect important sectors of society from the potentially destructive effects of unfettered free markets, and rules remain indispensable in settling disputes among states over trade, investments, and copyrights. This book is particularly significant because of its conceptual clarity and broad scope. Focusing on the transatlantic area as the engine of the world economy, the editors assess three different conceptual models offered by scholars: the classic state-centered approach, the transgovernmental approach, and the transnational system of private actors in an emerging global society. After a series of excellent case studies on trade and competition policies, food safety, business and labor dialogues, and civil-society initiatives, the editors conclude that 'the U.S. executive and the European Commission have been and remain the dominant actors in transatlantic governance.' Among all these networks, business remains the most successful. At a time when many essay collections are loosely shaped, unoriginal, or jargon-ridden, this one is a model of research and analysis. —-Foreign Affairs

Author: Peter Van den Bossche
Publisher: Cambridge University Press
ISBN: 1107024498
Category : Business & Economics
Languages : en
Pages : 1103

View

Book Description
This thoroughly updated new edition of the classic, market-leading textbook is required reading for all students of WTO law.