Regime Interaction in International Law

Regime Interaction in International Law

Author: Margaret A. Young

Publisher: Cambridge University Press

Published: 2012-01-12

Total Pages:

ISBN-13: 1139504932

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This major extension of existing scholarship on the fragmentation of international law utilises the concept of 'regimes' from international law and international relations literature to define functional areas such as human rights or trade law. Responding to existing approaches, which focus on the resolution of conflicting norms between regimes, it contains a variety of critical, sociological and doctrinal perspectives on regime interaction. Leading international law scholars and practitioners reflect on how, in situations of diversity and concurrent activity, such interaction shapes and controls knowledge and norms in often hegemonic ways. The contributors draw on topical examples of interacting regimes, including climate, trade and investment regimes, to argue for new methods of regime interaction. Together, the essays combine approaches from international, transnational and comparative constitutional law to provide important insights into an issue that continues to challenge international legal theory and practice.


The Prospects of International Trade Regulation

The Prospects of International Trade Regulation

Author: Thomas Cottier

Publisher: Cambridge University Press

Published: 2011-04-14

Total Pages: 535

ISBN-13: 1139501259

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For a long time, the GATT led a life of its own as a self-contained regime. The evolution from tariff to non-tariff barriers brought about increasing overlaps with other regulatory areas. WTO rules increasingly interface with other areas of law and policy, including environmental protection, agricultural policies, labour standards, investment, human rights and regional integration. Against this backdrop, this book examines fragmentation in international trade regulation across a wide array of regulatory fields. To this end, it uses a conceptually coherent theoretical framework which is based on the effort to bring about greater coherence among different policy goals and fields, and thus to embed the multilateral trading system within the broader framework of international economics, law and relations. It will appeal to those interested in a forward-looking discussion of the most pressing issues of the international trade agenda.


The Right to Food and the World Trade Organization's Rules on Agriculture

The Right to Food and the World Trade Organization's Rules on Agriculture

Author: Rhonda Ferguson

Publisher: BRILL

Published: 2018-01-03

Total Pages: 305

ISBN-13: 9004345302

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In The Right to Food and the World Trade Organization’s Rules on Agriculture: Conflicting, Compatible, or Complementary?, Rhonda Ferguson explores the relationship between the human right to food and agricultural trade rules. She questions whether States can adhere to their obligations under both regimes simultaneously. These two regimes are frequently portrayed to be in tension with one another. The content and contours of the right to food under international human rights law and WTO rules on domestic supports, export subsidies, and market access are considered through the lens of norm conflict theories. The analysis is situated within the context of the debate surrounding the fragmentation of international law.


WTO Trade Remedies in International Law

WTO Trade Remedies in International Law

Author: Roberto Soprano

Publisher: Routledge

Published: 2018-07-24

Total Pages: 307

ISBN-13: 1351747673

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World Trade Organisation (WTO) trade remedies (antidumping, anti-subsidy and safeguard agreements) are instruments used by WTO members to counter the economic injury caused by dumping, subsidies and the sudden and unforeseen increased imports. They are exceptions to the WTO principle of free trade and to the prohibition for States to react unilaterally to protect their own rights and interests, and as a result they have been accused by some as being the new tools of protectionism. This book analyses of the role and principles of WTO trade remedies in international law. In particular, it focuses on their aims, their structure, and their position within the WTO and more in general, the international legal system. The book considers trade remedies in light of fragmentation theories of international law and addresses the question how, and to what extent WTO law reflects and influences public international law.


The Interaction between World Trade Organisation (WTO) Law and External International Law

The Interaction between World Trade Organisation (WTO) Law and External International Law

Author: Ronnie R.F. Yearwood

Publisher: Routledge

Published: 2012-05-23

Total Pages: 266

ISBN-13: 1136663592

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International legal scholarship is concerned with the fragmentation of international law into specialised legal systems such as trade, environment and human rights. Fragmentation raises questions about the inter-systemic interaction between the various specialised systems of international law. This study conceptually focuses on the interaction between World Trade Organisation (WTO) law and external international law. It introduces a legal theory of WTO law, constrained openness, as a way to understand that interaction. The idea is that WTO law, from its own internal point of view, constructs its own law. The effect is that external international law is not incorporated into WTO law wholesale, but is (re)constructed as WTO law. It follows that legal systems do not directly communicate with each other. Therefore, to influence WTO law, an indirect strategic approach is required, which recognises the functional nature of the differentiated systems of the fragmented international legal system.


Adjudicating Trade and Investment Disputes

Adjudicating Trade and Investment Disputes

Author: Szilárd Gáspár-Szilágyi

Publisher: Cambridge University Press

Published: 2020-07-02

Total Pages: 341

ISBN-13: 1108487408

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A multi-disciplinary, multi-author analysis of convergence and divergence between trade and international dispute settlement.


International Trade and Investment Law

International Trade and Investment Law

Author: Leal-Arcas, Rafael

Publisher: Edward Elgar Publishing

Published: 2010-05-28

Total Pages: 360

ISBN-13: 1781000778

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This timely book examines international trade and investment law at various levels of governance, including unilateral, bilateral, regional, and multilateral arrangements.


Patterns of Treaty Interpretation as Anti-Fragmentation Tools

Patterns of Treaty Interpretation as Anti-Fragmentation Tools

Author: Liliana E. Popa

Publisher: Springer

Published: 2017-12-29

Total Pages: 409

ISBN-13: 3319654888

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This book investigates whether treaty interpretation at the ECtHR and WTO, which are sometimes perceived as promoting ‘self-contained’ regimes, could constitute a means for unifying international law, or, conversely, might exacerbate the fragmentation of international law. In this regard, the practice of the ICJ on treaty interpretation is used for comparison, since the ICJ has made the greatest contribution to the development and clarification of international law rules and principles. Providing a critical analysis of cases at the ICJ, ECtHR and WTO, both prior to and since the adoption of the 1969 Vienna Convention on the Law of Treaties, the book reveals how the ECtHR and WTO apply the general rules of treaty interpretation in patterns which are similar to those used by the ICJ to address difficulties in interpreting the text of treaties. Viewed in the light of the ECtHR’s and WTO’s interpretative practices, both the VCLT’s general rules of interpretation and the ICJ’s interpretative practice serve to counteract the fragmentation of international law.


International Courts and Environmental Protection

International Courts and Environmental Protection

Author: Tim Stephens

Publisher: Cambridge University Press

Published: 2009-02-12

Total Pages: 459

ISBN-13: 0521881226

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A comprehensive examination of international environmental litigation which addresses the major environmental challenges of the twenty-first century.