Author: Anastasios Gourgourinis
Publisher: Routledge
ISBN: 1317964160
Category : Law
Languages : en
Pages : 340

View

Book Description
This book analyses whether, and how, equity and equitable principles can be employed as juridical tools in the legal reasoning of judges and lawyers in World Trade Organization (WTO) disputes where there is interaction between norms derived from the multilateral trade regime and other international legal regimes. Bringing the literature on equity and equitable principles in international law up to date this book tackles several legal problems which have emerged in WTO dispute settlement practice as well as engaging with the concept of the fragmentation of international law. The book provides an original argument about the role and significance of equity and equitable principles in the debate over fragmentation by providing a coherent methodology for addressing conflicts and overlaps between WTO and non-WTO norms in the context of Dispute Settlement Body proceedings.

Author: Anastasios Gourgourinis
Publisher: Routledge
ISBN: 1317964152
Category : Law
Languages : en
Pages : 402

View

Book Description
This book analyses whether, and how, equity and equitable principles can be employed as juridical tools in the legal reasoning of judges and lawyers in World Trade Organization (WTO) disputes where there is interaction between norms derived from the multilateral trade regime and other international legal regimes. Bringing the literature on equity and equitable principles in international law up to date this book tackles several legal problems which have emerged in WTO dispute settlement practice as well as engaging with the concept of the fragmentation of international law. The book provides an original argument about the role and significance of equity and equitable principles in the debate over fragmentation by providing a coherent methodology for addressing conflicts and overlaps between WTO and non-WTO norms in the context of Dispute Settlement Body proceedings.

Author: Roger B. Porter
Publisher: Brookings Institution Press
ISBN: 9780815771630
Category : Political Science
Languages : en
Pages : 468

View

Book Description
Despite its widely acknowledged contribution to global prosperity over the past half century, the movement toward further liberalization has increasingly been challenged. This collection of essays examine several key issues at the heart of the debate over the multilateral trading system.

Author: Panos Merkouris
Publisher: Cambridge University Press
ISBN: 1009255452
Category : Law
Languages : en
Pages : 433

View

Book Description
At first glance, one may think of international investment law as a response to custom (or lack thereof), instead of a field of its application. However, in fact, the opposite is the case. The interpretation and application of customary rules and principles are the bread and butter of international investment law and arbitration. With a diverse range of expert contributors, this collection traces how customary international law is practised in international investment law. It considers how custom should be interpreted and how its rules and principles should be understood and applied by investor-state arbitral tribunals. Raising and addressing vital questions surrounding custom and international law, this collection is a necessary contribution to the scholarship of the theory and history of customary international law and international investment law. This title is also available as Open Access on Cambridge Core.

Author: Panagiotis Delimatsis
Publisher: Edward Elgar Publishing
ISBN: 1783478446
Category : Law
Languages : en
Pages : 564

View

Book Description
The interaction between climate change and trade has grown in prominence in recent years. This Research Handbook contains authoritative original contributions from leading experts working at the interface between trade and climate change. It maps the state of affairs in such diverse areas as: carbon credits and taxes, sustainable standard-setting and trade in ‘green’ goods and services or investment, from both a regional and global perspective. Panagiotis Delimatsis redefines the interrelationship of trade and climate change for future scholarship in this area.

Author: Ilias Bantekas
Publisher: Cambridge University Press
ISBN: 1108900283
Category : Political Science
Languages : en
Pages : 683

View

Book Description
How can businesses operate profitably and sustainably while ensuring that they are applying human rights? It is possible to apply human rights while at the same time decreasing cost and making human rights contribute to profits. Yet business efforts alone are insufficient, and states must possess sufficient regulatory power to work together with businesses and investors – not only to improve human rights but also to foster development more broadly. This textbook, the first of its kind, explores all aspects of the links between business operations and human rights. Its twenty-five chapters guide readers systematically through all the particular features of this intersection, integrating legal and business approaches. Thematic sections cover conceptual and regulatory frameworks, remedies and dispute resolution, and practical enforcement tools. Ideal for courses in business, law, policy and international development, the book is also essential reading for managers in large corporations.

Author: Stefan Vogenauer
Publisher: Bloomsbury Publishing
ISBN: 1509910700
Category : Law
Languages : en
Pages : 651

View

Book Description
Examining general principles of law provides one of the most instructive examples of the intersection between EU law and comparative law. This collection draws on the expertise of high-profile and distinguished scholars to provide a critical examination of this interaction. It shows how general principles of EU law need to be responsive to national laws. In addition, it is clear that the laws of the Member States have no choice but to be responsive to the general principles which are developed through EU law. Viewed through the perspective of proportionality, legal certainty, and fundamental rights, the dynamic relationship between the ingenuity of the Court of Justice, the legislative process and the process of Treaty revision is comprehensively illustrated.

Author: Jae Sundaram
Publisher: Routledge
ISBN: 042963269X
Category : Law
Languages : en
Pages : 965

View

Book Description
WTO Law and Policy presents an authoritative account of the emergence of the World Trade Organization (WTO) and the basic principles and institutional law of the WTO. It explores how political economy has shaped the WTO’s legal philosophy and policies, and provides insights into how international trade law at the WTO has developed. This textbook examines the legal obligations of the Member States of the WTO under the multilateral trade agreements, the legal remedies available under the rules-based dispute settlement system, and incorporates the most relevant case laws from the WTO’s jurisprudence. It outlines several key contemporary issues which the WTO faces as well as areas that need reforming. Each chapter covers a specific topic in relation to the framework and functionality of the WTO, with particular focus on the legal aspects of the multilateral trade order. The book is guided by the legal pronouncements of the Dispute Settlement Body (Panels and Appellate Body), and the commentaries on the interpretation of the provisions of the covered agreements. This book is ideal for all students studying international trade law, including those coming to international law, international trade law, and WTO law for the first time.

Author: Mark Weston Janis
Publisher: Aspen Publishing
ISBN: 1543831141
Category : Law
Languages : en
Pages : 426

View

Book Description
Elegant and authoritative, International Law, Eighth Edition provides a basic understanding of its subject, not only for law students and students in courses on international relations, but for lawyers, judges, officials, and journalists, indeed for anyone interested in learning about the nature of both public and private international law. This timely Eighth Edition reflects current policies in the United States and abroad, keeping pace with new developments in International Human Rights Law, International Environmental Law, International Organizations, the Law of the Sea, and International and Domestic Courts. New to the Eighth Edition: The changing policies of the Obama, Trump, and Biden administrations Important changes in International Human Rights Law, International Environmental Law, and U.S. Constitutional Law The increasing workload of the International Court of Justice, the European Court of Human Rights, and the International Criminal Court Professors and students will benefit from: This engaging introduction to International Law which features: Wide-ranging coverage of Public International Law, U.S. Constitutional Law concerning International Law, and selected topics in International Business Law. A sensible approach organized to answer these key questions about International Law: What are the rules of international law and how are they made? What are the legal and political processes of international law? Why is international law effective? What role does international law play in international relations and domestic politics?

Author: Catharine Titi
Publisher: Oxford University Press
ISBN: 0198868006
Category : Law
Languages : en
Pages : 225

View

Book Description
Drawing on a large and varied body of judicial and arbitral case law, this book provides a comprehensive, original, and up-to-date account of the role of equity in international law.