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 83–ի 1-ից 5-ը:
Էջ 13
... result, since each state is largely its own law-maker, the legal re- lationship between states varies enormously ... resulting equality between the law they create, as well as the neutrality of inter- national law (other than jus cogens) ...
... result, since each state is largely its own law-maker, the legal re- lationship between states varies enormously ... resulting equality between the law they create, as well as the neutrality of inter- national law (other than jus cogens) ...
Էջ 14
... result, in their view, interna- tional norms will change over time mainly as a consequence of domes- tic evolution. Finally, constructivism would add that states may change their mind also as a result of their experiences in the ...
... result, in their view, interna- tional norms will change over time mainly as a consequence of domes- tic evolution. Finally, constructivism would add that states may change their mind also as a result of their experiences in the ...
Էջ 16
... result of state practice , recognised as binding . All actors on the international scene may play a role in this custom - creating process , including lower state officials , international organisations and civil servants , as well as ...
... result of state practice , recognised as binding . All actors on the international scene may play a role in this custom - creating process , including lower state officials , international organisations and civil servants , as well as ...
Էջ 19
... result that the international legal order hardly qualifies as a system inspired by rational and logical choices'.37 This chaotic feature of international law contributes to the potential for conflict of norms. Globalisation Second, and ...
... result that the international legal order hardly qualifies as a system inspired by rational and logical choices'.37 This chaotic feature of international law contributes to the potential for conflict of norms. Globalisation Second, and ...
Էջ 20
... result, '[i]n light of the growing factual integration of world community on the one hand, and the proliferation of subsystems on the other, it is to be expected that the need to take measures to ensure the unity of the international ...
... result, '[i]n light of the growing factual integration of world community on the one hand, and the proliferation of subsystems on the other, it is to be expected that the need to take measures to ensure the unity of the international ...
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