Conflict of Norms in Public International Law: How WTO Law Relates to other Rules of International LawCambridge University Press, 31 հլս, 2003 թ. One of the most prominent and urgent problems in international governance is how the different branches and norms of international law interact and what to do in the event of conflict. With no single 'international legislator' and a multitude of states, international organisations and tribunals making and enforcing the law, the international legal system is decentralised. This leads to a wide variety of international norms, ranging from customary international law and general principles of law, to multilateral and bilateral treaties on trade, the environment, human rights, the law of the sea, etc. Pauwelyn provides a framework on how these different norms interact, focusing on the relationship between the law of the World Trade Organisation (WTO) and other rules of international law. He also examines the hierarchy of norms within the WTO treaty. His recurring theme is how to marry trade and non-trade rules, or economic and non-economic objectives at the international level. |
From inside the book
Արդյունքներ 70–ի 1-ից 5-ը:
Էջ 6
... addition, we shall need to address the definition of conflict and the different avenues that may lead to convergence of norms in a conflict that is apparent only, not real. Conflict of norms Norms versus the pre-normative and norms ...
... addition, we shall need to address the definition of conflict and the different avenues that may lead to convergence of norms in a conflict that is apparent only, not real. Conflict of norms Norms versus the pre-normative and norms ...
Էջ 11
... addition , focus on specific subjects of international law , namely states and separate customs territories ( such as Hong Kong , China or the European Communities ) , the latter also being able to join the WTO.17 The rights and ...
... addition , focus on specific subjects of international law , namely states and separate customs territories ( such as Hong Kong , China or the European Communities ) , the latter also being able to join the WTO.17 The rights and ...
Էջ 12
... addition to those inherent reasons, four additional reasons can be pointed to which have emerged more recently with the development of modern international law. They are particularly relevant to conflict involving WTO rules. That ...
... addition to those inherent reasons, four additional reasons can be pointed to which have emerged more recently with the development of modern international law. They are particularly relevant to conflict involving WTO rules. That ...
Էջ 13
... addition, the more states join a regime, the more difficult it becomes to agree on explicit conflict clauses dealing with the question of how the regime relates to other rules of international law and, hence, the more conflicts that ...
... addition, the more states join a regime, the more difficult it becomes to agree on explicit conflict clauses dealing with the question of how the regime relates to other rules of international law and, hence, the more conflicts that ...
Էջ 14
... addition, change their mind at any point in time (subject to jus cogens and the principle pacta tertiis nec nocent nec prosunt). Hence, the potential for conflict to arise must be multiplied by a time factor: an earlier norm may ...
... addition, change their mind at any point in time (subject to jus cogens and the principle pacta tertiis nec nocent nec prosunt). Hence, the potential for conflict to arise must be multiplied by a time factor: an earlier norm may ...
Բովանդակություն
1 | |
5 | |
25 | |
3 Hierarchy of sources | 89 |
4 Accumulation and conflict of norms | 158 |
5 Conflictavoidance techniques | 237 |
6 Resolving inherent normative conflict | 275 |
7 Resolving conflict in the applicable law | 327 |
8 Conflict of norms in WTO dispute settlement | 440 |
Conclusions | 487 |
Bibliography | 493 |
Index | 506 |
Այլ խմբագրություններ - View all
Conflict of Norms in Public International Law: How WTO Law Relates to Other ... Joost Pauwelyn Դիտել հնարավոր չէ - 2003 |
Conflict of Norms in Public International Law: How WTO Law Relates to other ... Joost Pauwelyn Դիտել հնարավոր չէ - 2009 |
Common terms and phrases
Appellate Body report applicable law apply arbitrators bilateral binding breach chapter concluded conflict of norms conflict rules context contracting countermeasures Court custom customary international law customary law definition of conflict DSU Art earlier treaty effect erga omnes example explicitly GATS GATT Art Hence human rights Ibid ICJ Reports illegal inter se agreement international organisations invalidity jurisdiction jus cogens later treaty law of treaties lex posterior lex specialis lex specialis principle Marrakesh Agreement measure multilateral treaty Nicaragua non liquet non-WTO rules norms of international noted pacta sunt servanda panel and Appellate panel report particular PCIJ prevail principles of law prohibited public international law pursuant to Art question referred respect rules of international suspension ternational tion treaty interpretation treaty norm tribunals UN Charter UNCLOS Vienna Convention WIPO WTO agreement WTO covered agreements WTO dispute settlement WTO law WTO members WTO obligations WTO panel WTO rules WTO treaty