Fragmentation Of International Trade Law Reassessed eBook Download PDF

Download Fragmentation Of International Trade Law Reassessed full books in PDF, epub, and Kindle. Read online Fragmentation Of International Trade Law Reassessed ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!

Fragmentation of International Trade Law Reassessed

Author: Patrick Wasilczyk

Publisher: Springer

Published: 2023-10-17

Total Pages: 0

ISBN-13: 9783031406003

DOWNLOAD EBOOK

This book provides innovative and empirically based insights into the ongoing debate on the fragmentation of international trade law. It offers the reader a much-needed doctrinal overview of the different approaches to the issue of fragmentation and reveals their inherent methodological advantages and limitations. On this basis, the book then approaches the issue of fragmentation from an empirical standpoint by applying a novel dataset on Preferential Trade Agreements’ Dispute Settlement Mechanisms (PTA-DSMs), which have been used to adjudicate general exception clauses within the context of the individual PTA Members’ obligation to liberalize trade in goods. Although the results remain limited to the single issue of PTA-DSM adjudication for liberalization of trade in goods, they are indicative of key misconceptions regarding the fragmentation of ITL. As the findings confirm, the PTA-DSMs assessed have ultimately come to equivalent decisions, taking into consideration their overall use, the nature of the legal commitments embedded in the respective PTAs, and the economic wellbeing of the respective PTA partners. The book reveals the influence of specific PTA-DSMs on other PTA-DSMs and thereby paves the way for legal unification, rather than fragmentation.

Book Synopsis Fragmentation of International Trade Law Reassessed by : Patrick Wasilczyk

Download or read book Fragmentation of International Trade Law Reassessed written by Patrick Wasilczyk and published by Springer. This book was released on 2023-10-17 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides innovative and empirically based insights into the ongoing debate on the fragmentation of international trade law. It offers the reader a much-needed doctrinal overview of the different approaches to the issue of fragmentation and reveals their inherent methodological advantages and limitations. On this basis, the book then approaches the issue of fragmentation from an empirical standpoint by applying a novel dataset on Preferential Trade Agreements’ Dispute Settlement Mechanisms (PTA-DSMs), which have been used to adjudicate general exception clauses within the context of the individual PTA Members’ obligation to liberalize trade in goods. Although the results remain limited to the single issue of PTA-DSM adjudication for liberalization of trade in goods, they are indicative of key misconceptions regarding the fragmentation of ITL. As the findings confirm, the PTA-DSMs assessed have ultimately come to equivalent decisions, taking into consideration their overall use, the nature of the legal commitments embedded in the respective PTAs, and the economic wellbeing of the respective PTA partners. The book reveals the influence of specific PTA-DSMs on other PTA-DSMs and thereby paves the way for legal unification, rather than fragmentation.

Fragmentation of International Trade Law Reassessed

Author: Patrick Wasilczyk

Publisher: Springer Nature

Published: 2023-12-21

Total Pages: 370

ISBN-13: 303140601X

DOWNLOAD EBOOK

Book Synopsis Fragmentation of International Trade Law Reassessed by : Patrick Wasilczyk

Download or read book Fragmentation of International Trade Law Reassessed written by Patrick Wasilczyk and published by Springer Nature. This book was released on 2023-12-21 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides innovative and empirically based insights into the ongoing debate on the fragmentation of international trade law. It offers the reader a much-needed doctrinal overview of the different approaches to the issue of fragmentation and reveals their inherent methodological advantages and limitations. On this basis, the book then approaches the issue of fragmentation from an empirical standpoint by applying a novel dataset on Preferential Trade Agreements’ Dispute Settlement Mechanisms (PTA-DSMs), which have been used to adjudicate general exception clauses within the context of the individual PTA Members’ obligation to liberalize trade in goods. Although the results remain limited to the single issue of PTA-DSM adjudication for liberalization of trade in goods, they are indicative of key misconceptions regarding the fragmentation of ITL. As the findings confirm, the PTA-DSMs assessed have ultimately come to equivalent decisions, taking into consideration their overall use, the nature of the legal commitments embedded in the respective PTAs, and the economic wellbeing of the respective PTA partners. The book reveals the influence of specific PTA-DSMs on other PTA-DSMs and thereby paves the way for legal unification, rather than fragmentation.

The Fragmentation of International Trade Law

Author: Rafael Leal-Arcas

Publisher:

Published: 2011

Total Pages: 0

ISBN-13:

DOWNLOAD EBOOK

This article deals with international trade law at various levels of governance. Multilateralism has dominated international relations in the various fields of international economic law such as international trade law and international monetary law after World War II - thereby giving birth to the General Agreement on Tariffs and Trade (GATT)/Word Trade Organization (WTO) and to the International Monetary Fund, respectively. At first, international trade agreements were bilateral. Then came the GATT 1947, which multilateralized bilateral trade agreements. Years later, international trade law saw the collapse of multilateralism in 1979, which broke down during the Tokyo Round of multilateral trade negotiations. A series of new plurilateral (or selectively multilateral) agreements were adopted during the Tokyo Round, which caused a fragmentation of the multilateral trading system. In 1994, international trade law was again multilateralized with the WTO Agreement. This article suggests variable geometry (that is, the idea that only a few WTO Members will benefit from plurilateral agreements on several topics on the agenda) and sectoral agreements as the way forward to unblock the multilateral trading system. The variable-geometry approach has the advantage of removing the current frustration at the WTO negotiating table - and sometimes violent protests organized by civil society - with its slow negotiating pace.

Book Synopsis The Fragmentation of International Trade Law by : Rafael Leal-Arcas

Download or read book The Fragmentation of International Trade Law written by Rafael Leal-Arcas and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article deals with international trade law at various levels of governance. Multilateralism has dominated international relations in the various fields of international economic law such as international trade law and international monetary law after World War II - thereby giving birth to the General Agreement on Tariffs and Trade (GATT)/Word Trade Organization (WTO) and to the International Monetary Fund, respectively. At first, international trade agreements were bilateral. Then came the GATT 1947, which multilateralized bilateral trade agreements. Years later, international trade law saw the collapse of multilateralism in 1979, which broke down during the Tokyo Round of multilateral trade negotiations. A series of new plurilateral (or selectively multilateral) agreements were adopted during the Tokyo Round, which caused a fragmentation of the multilateral trading system. In 1994, international trade law was again multilateralized with the WTO Agreement. This article suggests variable geometry (that is, the idea that only a few WTO Members will benefit from plurilateral agreements on several topics on the agenda) and sectoral agreements as the way forward to unblock the multilateral trading system. The variable-geometry approach has the advantage of removing the current frustration at the WTO negotiating table - and sometimes violent protests organized by civil society - with its slow negotiating pace.

The Prospects of International Trade Regulation

Author: Thomas Cottier

Publisher: Cambridge University Press

Published: 2011-04-14

Total Pages: 535

ISBN-13: 1139501259

DOWNLOAD EBOOK

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.

Book Synopsis The Prospects of International Trade Regulation by : Thomas Cottier

Download or read book The Prospects of International Trade Regulation written by Thomas Cottier and published by Cambridge University Press. This book was released on 2011-04-14 with total page 535 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Trading Fish, Saving Fish

Author: Margaret A. Young

Publisher: Cambridge University Press

Published: 2011-04-14

Total Pages: 407

ISBN-13: 1139500457

DOWNLOAD EBOOK

Numerous international legal regimes now seek to address the global depletion of fish stocks, and increasingly their activities overlap. The relevant laws were developed at different times by different groups of states. They are motivated by divergent economic approaches, influenced by disparate non-state actors, and implemented by separate institutions such as the World Trade Organization and the United Nations Food and Agriculture Organization. Margaret Young shows how these and other factors affect the interaction between regimes. Her empirical and doctrinal analysis moves beyond the discussion of conflicting norms that has dominated the fragmentation debate. Case-studies include the negotiation of new rules on fisheries subsidies, the restriction of trade in endangered marine species and the adjudication of fisheries import bans. She explores how regimes should interact, in fisheries governance and beyond, to offer insights into the practice and legitimacy of regime interaction in international law.

Book Synopsis Trading Fish, Saving Fish by : Margaret A. Young

Download or read book Trading Fish, Saving Fish written by Margaret A. Young and published by Cambridge University Press. This book was released on 2011-04-14 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: Numerous international legal regimes now seek to address the global depletion of fish stocks, and increasingly their activities overlap. The relevant laws were developed at different times by different groups of states. They are motivated by divergent economic approaches, influenced by disparate non-state actors, and implemented by separate institutions such as the World Trade Organization and the United Nations Food and Agriculture Organization. Margaret Young shows how these and other factors affect the interaction between regimes. Her empirical and doctrinal analysis moves beyond the discussion of conflicting norms that has dominated the fragmentation debate. Case-studies include the negotiation of new rules on fisheries subsidies, the restriction of trade in endangered marine species and the adjudication of fisheries import bans. She explores how regimes should interact, in fisheries governance and beyond, to offer insights into the practice and legitimacy of regime interaction in international law.

The Principle of Systemic Integration

Author: Gabriel Orellana Zabalza

Publisher: LIT Verlag Münster

Published: 2012

Total Pages: 389

ISBN-13: 3643902670

DOWNLOAD EBOOK

This dissertation analyzes whether or not the principle of systemic integration - as expounded in Article 31(3)(c) of the Vienna Convention on the Law of Treaties - contributes to attainment of a coherent international legal system. For this purpose, the book considers three general ideas: the "unity" of the international legal system and fragmentation; the general rule on treaty interpretation and the principle of systemic integration; and the role of systemic integration in the achievement of coherence. Each one involves specific issues and considerations which ultimately assist in addressing the main question as to the usefulness of the principle in the curtailment of fragmentation in the international legal system. Dissertation. (Series: Cologne Studies in International and European Law / Kolner Schriften zum internationalen und europaischen Recht - Vol. 24)

Book Synopsis The Principle of Systemic Integration by : Gabriel Orellana Zabalza

Download or read book The Principle of Systemic Integration written by Gabriel Orellana Zabalza and published by LIT Verlag Münster. This book was released on 2012 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: This dissertation analyzes whether or not the principle of systemic integration - as expounded in Article 31(3)(c) of the Vienna Convention on the Law of Treaties - contributes to attainment of a coherent international legal system. For this purpose, the book considers three general ideas: the "unity" of the international legal system and fragmentation; the general rule on treaty interpretation and the principle of systemic integration; and the role of systemic integration in the achievement of coherence. Each one involves specific issues and considerations which ultimately assist in addressing the main question as to the usefulness of the principle in the curtailment of fragmentation in the international legal system. Dissertation. (Series: Cologne Studies in International and European Law / Kolner Schriften zum internationalen und europaischen Recht - Vol. 24)

Equity and Equitable Principles in the World Trade Organization

Author: Anastasios Gourgourinis

Publisher: Routledge

Published: 2015-07-24

Total Pages: 340

ISBN-13: 1317964160

DOWNLOAD EBOOK

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.

Book Synopsis Equity and Equitable Principles in the World Trade Organization by : Anastasios Gourgourinis

Download or read book Equity and Equitable Principles in the World Trade Organization written by Anastasios Gourgourinis and published by Routledge. This book was released on 2015-07-24 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Mineral Exploitation, Violence and International Law

Author: Mariona Cardona Vallès

Publisher: Springer Nature

Published:

Total Pages: 357

ISBN-13: 3031594398

DOWNLOAD EBOOK

Book Synopsis Mineral Exploitation, Violence and International Law by : Mariona Cardona Vallès

Download or read book Mineral Exploitation, Violence and International Law written by Mariona Cardona Vallès and published by Springer Nature. This book was released on with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Regime Interaction in International Law

Author: Margaret A. Young

Publisher: Cambridge University Press

Published: 2012-01-12

Total Pages:

ISBN-13: 1139504932

DOWNLOAD EBOOK

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.

Book Synopsis Regime Interaction in International Law by : Margaret A. Young

Download or read book Regime Interaction in International Law written by Margaret A. Young and published by Cambridge University Press. This book was released on 2012-01-12 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Big Data and Global Trade Law

Author: Mira Burri

Publisher: Cambridge University Press

Published: 2021-07-29

Total Pages: 407

ISBN-13: 110884359X

DOWNLOAD EBOOK

An exploration of the current state of global trade law in the era of Big Data and AI. This title is also available as Open Access on Cambridge Core.

Book Synopsis Big Data and Global Trade Law by : Mira Burri

Download or read book Big Data and Global Trade Law written by Mira Burri and published by Cambridge University Press. This book was released on 2021-07-29 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: An exploration of the current state of global trade law in the era of Big Data and AI. This title is also available as Open Access on Cambridge Core.