Read and Download eBook Full
Author: Lukasz Gruszczynski
Publisher: OUP Oxford
Published: 2010
Total Pages: 327
ISBN-13: 0199578923
DOWNLOAD EBOOKThe central problem that this book tackles is whether the system established by the SPS Agreement can address the existing and potential challenges of a new interdependent world. It provides a critical examination of the substantive provisions of the agreement and corresponding case law.
Author: Caroline E. Foster
Publisher: Oxford University Press
Published: 2021
Total Pages: 417
ISBN-13: 0198810555
DOWNLOAD EBOOKGlobal regulatory standards are emerging from the environmental and health jurisprudence of the International Court of Justice, the World Trade Organization, under the United Nations Convention on the Law of the Sea, and investor-state dispute settlement. Most prominent are the three standards of regulatory coherence, due regard for the rights of others, and due diligence in the prevention of harm. These global regulatory standards are a phenomenon of our times, representing a new contribution to the ordering of the relationship between domestic and international law, and a revised conception of sovereignty in an increasingly pluralistic global legal era. However, the legitimacy of the resulting 'standards-enriched' international law remains open to question. International courts and tribunals should not be the only fora in which these standards are elaborated, and many challenges and opportunities lie ahead in the ongoing development of global regulatory standards. Debate over whether regulatory coherence should go beyond reasonableness and rationality requirements and require proportionality stricto sensu in the relationship between regulatory measures and their objectives is central. Due regard, the most novel of the emerging standards, may help protect international law's legitimacy claims in the interim. Meanwhile, all actors should attend to the integration rather than the fragmentation of international law, and to changes in the status of private actors.
Author: Michael Burkard
Publisher: Springer
Published: 2017-10-17
Total Pages: 455
ISBN-13: 3319610678
DOWNLOAD EBOOKThis 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: Geert van Calster
Publisher: Edward Elgar Publishing
Published: 2013
Total Pages: 881
ISBN-13: 1781006148
DOWNLOAD EBOOKÔThis edited collection brings together an impressive array of authors from the world of international trade, the environment and public health. Each of them is eminently well-placed to bring their own particular expertise to bear on the issue at hand, and to do so in a knowledgeable and stimulating manner. This Research Handbook is a must for anyone interested in these overlapping fields of law and policy whether as a basis for learning or as a resource for further research.Õ Ð Mary Footer, University of Nottingham School of Law, UK ÔThis fantastic collection of essays explores the multiple intersections between trade and environment in the WTO. The contributions by leading scholars are theoretically engaged whilst practical in their focus. It is a Òmust readÓ for those concerned to ensure that trade liberalisation does not stand in the way of sustainable development, including urgently needed action to mitigate the risks and consequences of climate change.Õ Ð Joanne Scott, University College London, UK ÔGeert Van Calster and Denise PrŽvost have managed to induce virtually all the great experts on health, environment and WTO law to contribute to their Research Handbook on these subjects. The result is undoubtedly an excellent volume that should adorn the bookcase of any and all interested in the important problem of the relation between international rule-making and regulatory autonomy of states in this area of international economic law.Õ Ð Pieter Jan Kuijper, University of Amsterdam, The Netherlands This Handbook provides state-of-the-art analysis by leading authors on the links between the international trade regime and health and environment concerns Ð concerns that make up an increasing proportion of WTO dispute settlement. Research Handbook on Environment, Health and the WTO surveys fields as diverse as climate change mitigation, non-communicable diseases, nanotechnology and public health care. The volume brings to the fore the debates and complexities surrounding these issues and their implications for the international trading system. The Handbook begins in Part I with a survey of general issues that sets a context for the more specific sectorial studies. Part II considers the most pressing issues within health regulation and trade law, whilst Part III is devoted to environmental regulation and its interface with trade law. Part IV looks specifically at aspects of the dispute settlement process and in particular standard of review, and the book concludes in Part V with a consideration of the impact of trade measures on the health and environment regimes of emerging economies. This comprehensive yet concise Handbook will appeal to academics and researchers in international trade law and environmental law, as well as trade law practitioners.
Author: Marjolein B. A. van Asselt
Publisher: Routledge
Published: 2013-03-05
Total Pages: 298
ISBN-13: 1136272569
DOWNLOAD EBOOKThe trade aspects of risk and the risk aspects of trade deserve more systematic and genuine interdisciplinary attention if we are to really understand the global, international and supranational dimensions of risk regulation. This book brings together legal and social science research on risk regulation from across the world to explore risk regulation in a trade context. The interdisciplinary collaboration provided in this book is needed to address the trade versus risk balancing act both in empirical and theoretical terms. Although it is obvious that legal, social, cultural and political matters interfere with risk regulation, analyses in which these interferences are adequately considered are lacking. In one way or another, all chapters in this book address the issue of scientific uncertainty, the governance arrangements around expertise or both. Issues such as transparency, trust, legitimacy and precaution also become particularly important given the political, multi-actor and multi-level governance characteristics of the balancing act between trade and risk regulation. This book highlights and examines these concerns, going on to provide a critical assessment of the EU regulation of trade and risk both from external and internal perspectives. This book’s exploration of the balancing act between trade and risk regulation will be increasingly important to students of law and social sciences as they move to a shared, interdisciplinary understanding.
Author: Abdelhakim Hammoudi
Publisher: Springer
Published: 2015-05-13
Total Pages: 254
ISBN-13: 3319152270
DOWNLOAD EBOOKThis book provides an economic perspective on the effects of food safety standards on international trade. Focusing on food safety regulation at an international level and private food safety standards, the authors use contemporary methodologies to analyze supply chain structures and organization as well as food-chain actors’ strategies. They also evaluate the effects of these on both consumer health and developing countries’ access to international markets. The book provides ideas, suggestions and policy recommendations for reconciling economic interests with consumer health, which will be of special interest to academics as well as to practitioners.
Author: Chris Downes
Publisher: Springer Science & Business Media
Published: 2014-03-20
Total Pages: 271
ISBN-13: 3319043730
DOWNLOAD EBOOKThis book brings a fresh perspective on the emerging field of international food law with the first detailed analysis of the process and implications of domestic compliance with the World Trade Organisation (WTO) Sanitary and Phytosanitary (SPS) Agreement. It investigates the influence of WTO disciplines on the domestic policy-making process and examines the extent to which international trade law determines European Union (EU) food regulations. Following controversial WTO rulings on genetically-modified foods and growth hormones in beef, awareness and criticism of global rules governing food has grown considerably. Yet the real impact of this international legal meta-framework on domestic regulations has remained obscure to practitioners and largely unexplored by legal commentators. This book examines the emergence of transnational governance practices set in motion by the SPS Agreement and their role in facilitating agricultural trade. In so doing, it complements and challenges conventional accounts of the SPS regime dominated by analysis of WTO disputes. It reviews legal commentary of the SPS Agreement to understand why WTO rules are so commonly characterised as a significant threat to domestic food policy preferences. It then takes on these assumptions through an in-depth review of food policies and decision-making practices in the EU, revealing both the potential and limits of WTO law to shape EU policies. It finally examines two important venues for the generation of global food norms – the WTO SPS Committee and Codex Alimentarius – to evaluate the practice and significance of transnational governance in this domain. Through detailed case studies including novel foods, food additives, vitamin and mineral supplements and transparency and equivalence procedures, this book provides a richer account of compliance and exposes the subtle, but important influence of WTO obligations.
Author: Matthias Herdegen
Publisher: OUP Oxford
Published: 2013-01-10
Total Pages: 628
ISBN-13: 0191651532
DOWNLOAD EBOOKPrinciples of International Economic Law gives a comprehensive overview of the central topics in international economic law, with an emphasis on the interplay between the different economic and political interests on both the international and domestic levels. The book sets the classic topics of international economic law, WTO law, investment protection, commercial law, and monetary law in context with human rights, environmental protection, good governance, and the needs of developing countries. It thus provides a concise picture of the current architecture of international economic law. Topics covered range from codes of conduct for multinational enterprises, to the human rights implications of the exploitation of natural resources. The book demonstrates the economic foundations and economic implications of legal frameworks. It puts into profile the often complex relationship between, on the one hand, international standards on liberalization and economic rationality and, on the other, state sovereignty and national preferences. It describes the new forms of economic cooperation which have developed in recent decades, such as the growing number of transnational companies in the private sector, and forms of cooperation between states such as the G8 or G20. Providing a perfect introductory text to the field of international economic law, the book thoroughly analyses legal developments within their wider political, economic, or social context.
Author: Philippe Sands
Publisher: Cambridge University Press
Published: 2012-05-03
Total Pages: 993
ISBN-13: 1107376904
DOWNLOAD EBOOKThe third edition of this classic textbook offers comprehensive and critical commentary on international environmental law. It fully covers the key topics of the course and is clearly structured to include the history and framework in which international environmental law exists, key areas of regulation and implementation, links to other areas of law and future developments. It has been updated to incorporate all the latest developments in treaty and case law. Extensive feedback on previous editions results in a restructuring of material, including a new part focused on linkage to other areas of international law including human rights, international trade and foreign investment. There is also a new chapter on future developments charting the directions in which the subject is moving. Specialist authors writing on oceans, seas and fisheries and biodiversity add to the expertise of the two principal authors for an authoritative overview of the subject.
Author: Boris Rigod
Publisher: Cambridge University Press
Published: 2015-11-13
Total Pages: 321
ISBN-13: 1107116120
DOWNLOAD EBOOKThis book applies a law and economics methodology to enquire into the interface between regulation and international trade law.
