Author: Anna Mabel CampbellPublisher:
ISBN:
Category :
Languages : en
Pages : 220
Book Description
The Law of Trade Disputes
Author: Anna Mabel CampbellThe Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes
Author: Zena ProdromouPublisher: Kluwer Law International B.V.
ISBN: 9403520019
Category : Law
Languages : en
Pages : 313
Book Description
In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.
The Law, Economics and Politics of Retaliation in WTO Dispute Settlement
Author: Chad P. BownPublisher: Cambridge University Press
ISBN: 0521119979
Category : Business & Economics
Languages : en
Pages : 693
Book Description
A critical assessment of trade retaliation in the WTO by academics, diplomats and practitioners involved in such actions.
Dispute Settlement in the World Trade Organization
Author: David PalmeterPublisher: Cambridge University Press
ISBN: 9780521530033
Category : Business & Economics
Languages : en
Pages : 356
Book Description
Any experienced lawyer knows that cases are most often won or lost on procedural grounds; yet procedural issues are often considered too technical for proper treatment in legal literature. In this extensively revised new edition of Palmeter and Mavroidis' authoritative book on WTO dispute settlement, the authors discuss all WTO dispute settlement provisions and their interpretation in WTO jurisprudence. All the decisions of panels and the Appellate Body are discussed, from the inception of the WTO in 1995 until the end of May 2003. Although the book contains considerable technical expertise, it is at the same time written for accessibility to a wide readership. This volume - an essential tool for practitioners, diplomats and government lawyers - is a comprehensive study of compulsory third party adjudication in international law.
The Law of Trade Disputes- Common Law and Statutory
Author: Loren Edward WeltmerThe Use of Economics in International Trade and Investment Disputes
Author: Marion JansenPublisher: Cambridge University Press
ISBN: 1107144906
Category : Law
Languages : en
Pages : 417
Book Description
Containing contributions from both academic experts and practitioners, and from economic and legal experts, this book explores the use of economics in international economic law.
The Gatt/Wto Dispute Settlement System
Author: Ernst-Ulrich PetersmannPublisher: Martinus Nijhoff Publishers
ISBN: 9789041109330
Category : Political Science
Languages : en
Pages : 368
Book Description
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 Present Law of Trade Disputes and Trade Unions
Author: William GeldartPublisher:
ISBN:
Category : Arbitration, Industrial
Languages : en
Pages : 50
Book Description
A Handbook on the WTO Dispute Settlement System
Author: World Trade OrganizationPublisher: Cambridge University Press
ISBN: 1108417272
Category : Business & Economics
Languages : en
Pages : 417
Book Description
This handbook offers a detailed explanation of the rules and procedures of the WTO dispute settlement system.
Author: William Geldart