Sovereignty, the WTO, and Changing Fundamentals of International Law

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Cambridge University Press, 27 մրտ, 2006 թ.
The last decade of the twentieth century and the first decade of the twenty-first century has been one of the most challenging periods for the generally accepted assumptions of international law. This book, first published in 2006, grapples with these long-held assumptions (such as the consent basis of international law norms, equality of nations, restrictive or text-based treaty interpretations and applications, the monopoly of internal national power, and non-interference), and how they are being fundamentally altered by the forces of globalization. It also examines the challenges facing the WTO as a component of international economic law, and how that field is inextricably linked to general international law.

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24 International economic law
46
3
57
sidiarity concepts environment and externalities questions environment
73
Another aspect of the decision involving values relating to the
76
4
81
To realize all the gains from trade
87
With these policy building blocks in mind we can now
91
b The flawed constitutional beginnings of GATT5
92
States a requirement of case or controversy exhaustion of remedies
173
and often held out as considerably better than most treaty
199
concerns to the deliberations and when completing their service as
203
through changes in the rules of the DSU for a
204
6
211
todays globalized world many international norms have very profound
227
burden of proof prima facie case procedures for fact finding
230
7
234

c GATT and the Protocol of Provisional Application
94
e The Uruguay Round
99
available and there have been some attempts to gather unofficial
102
January 2005 about some of these challenges58 More will be
104
Annex 4 contains agreements called Plurilateral which are supposedly
106
activities of international organizations These principles can include some
112
through the decades of their existence but has also given
116
comparison of
117
international endeavor parliamentarians from different governments are
121
5
134
jurisprudential issues that affect the way in which the DSS
137
could object defeat the consensus and thus block the adoption
144
a Undo harm done by the respondent to redress the
147
argument now that as tight as the schedules are in
148
and appellate stages in a case about underwear The United
149
to governments to help them persuade their constituents to do
150
system It could be that there are checks and balances
151
54 The current structure and operation of the WTO dispute
152
to settle a dispute within sixty days after the request
153
Consequently that raises the question of what is practice under
168
c Standard of review
169
nor is it appropriate to have a complete de novo
172
75 Health globalization and international institutions
245
8
258
Outline of the Uruguay Round
269
Notes
271
3 19
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Karen J Greenberg Joshua L Dratel eds The Torture
284
Restatement describes customary law as resulting from a general and
286
Hauptzollamt Hamburg Case 9271 1972 ECR 231 para 6 ECJ
290
a new approach to an outdated concept
294
17 Gerard Kreijen The Transformation of Sovereignty and African
301
Chapter 7 supra particularly sections 77 and 78 See also
302
11 Gabriel Margeau Pratique et Pratiques dans le Droit
309
5 The WTO dispute settlement system
316
29 Art 176 DSU
328
222 Sanford E Gaines Processes and
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61 Introduction to Part III and Chapter 6
335
Commission Analysis of current practice and proposals for tackling
339
institutional detail and dynamic
343
31 See Lawrence O Gostin Center for Law and
348
8 Paul Kennedy The Eagle Has Landed Financial Times London
352
Index
353

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Common terms and phrases

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Էջ 350 - ... establishment of the facts was proper and whether their evaluation of those facts was unbiased and objective. If the establishment of the facts was proper and the evaluation was unbiased and objective...
Էջ 111 - ... the optimal use of the world's resources in accordance with the objective of sustainable development, seeking both to protect and preserve the environment and to enhance the means for doing so in a manner consistent with their respective needs and concerns at different levels of economic development.
Էջ 349 - There shall be taken into account, together with the context: (a) any subsequent agreement between the parties regarding the interpretation of the treaty or the application of its provisions; (b) any subsequent practice in the application of the treaty which establishes the agreement of the parties regarding its interpretation; (c) any relevant rules of international law applicable in the relations between the parties.
Էջ 117 - Except as otherwise provided under this Agreement or the Multilateral Trade Agreements, the WTO shall be guided by the decisions, procedures and customary practices followed by the CONTRACTING PARTIES to GATT 1947 and the bodies established in the framework of GATT 1947.
Էջ 150 - If any contracting party should consider that any benefit accruing to it directly or indirectly under this Agreement is being nullified or impaired or that the attainment of any objective of the Agreement is being impeded...
Էջ 110 - Recognizing that their relations in the field of trade and economic endeavour should be conducted with a view to raising standards of living, ensuring full employment and a large and steadily growing volume of real income and effective demand, and expanding the production of and trade in goods and services, while allowing for the optimal use of the world's resources in accordance with the objective of sustainable development...
Էջ 350 - ... the panel shall interpret the relevant provisions of the Agreement in accordance with customary rules of interpretation of public international law.
Էջ 201 - The decision of the Court has no binding force except between the parties and in respect of that particular case.

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Հեղինակի մասին (2006)

John H. Jackson is a Professor of Law at the Georgetown University Law Center.

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