Environmental Sovereignty And The Wto

Author : Bradly J. Condon
Publisher : BRILL
ISBN 13 : 1571053662
Total Pages : 365 pages
Book Rating : 4.64/5 ( download)

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Download or read book Environmental Sovereignty And the WTO written by Bradly J. Condon and published by BRILL. This book was released on 2006 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: The growing body of WTO jurisprudence is of profound significance for the development of the general body of international law. With this in mind, Environmental Sovereignty and the WTO succinctly examines how the WTO law can contribute to achieving coherence between general international law, international environmental law and international trade law and avoid conflicts between trade liberalization and global environmental protection. Professor Condon argues that these three branches of law are generally consistent with each other in the area of international law where they intersect. However, WTO jurisprudence can benefit from a more explicit analysis, provided here, of the way that panel decisions fit into the general framework of international law. No law reforms are currently needed to facilitate this task. As the text shows, it is a matter of using the current WTO rules to resolve conflicts between treaties such as the General Agreement on Tariffs and Trade (GATT) and multilateral environmental agreements (MEAs) and to determine the circumstances in which unilateral trade measures should be permitted. The topics addressed in Environmental Sovereignty and the WTO will be of considerable interest to a broad audience given the global political controversy over American unilateralism, the fairness of WTO rules to poor countries, and the effect of trade rules on efforts to protect the global environment. However, the book addresses these controversial issues without sacrificing academic rigour and will appeal to a scholarly and professional audience seeking new approaches to addressing the problems raised by the globalization of law. Published under the Transnational Publishers imprint.

Author : Trish Kelly
Publisher : Edward Elgar Publishing
ISBN 13 :
Total Pages : 240 pages
Book Rating : 4.68/5 ( download)

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Download or read book The Impact of the WTO written by Trish Kelly and published by Edward Elgar Publishing. This book was released on 2007 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an analysis of the nine environmental and health disputes that have been adjudicated at the WTO since 1995. This book appeals not only to academics, be they economists, lawyers, political scientists, and academic libraries, but also practitioners, policymakers, and members of consumer, environmental, and business organizations.

Author : Nicholas Sunday
Publisher : GRIN Verlag
ISBN 13 : 3656379432
Total Pages : 111 pages
Book Rating : 4.30/5 ( download)

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Download or read book International Law and its Relationship to Trade, Environment and Sovereignty written by Nicholas Sunday and published by GRIN Verlag. This book was released on 2013-02-27 with total page 111 pages. Available in PDF, EPUB and Kindle. Book excerpt: Doktorarbeit / Dissertation aus dem Jahr 2012 im Fachbereich Jura - Europarecht, Völkerrecht, Internationales Privatrecht, , Sprache: Deutsch, Abstract: The dissertation investigated the interrelationship among three variables: International law, environment and sovereignty. The environmental issue has move beyond local and even national boundaries into the foreign policy debate, since actions in one country have an adverse environmental effects on the others. As a consequence, public interests has intensified, in the light of high profile trade and environmental concerns that extends into some of those new sensitive areas such as the role of science in risk management, the conservation of endangered species, the cross border movement of Genetically Modified Organisms and measures to protect public health. The study aimed at searching for the common contradictions among the three variables in the dissertation, with focus on the Cartagena Protocol. The study was undertaken by using the integration of two stages of approaches: employing a multiple empirical study as topics of an interview oriented method; and applying theoretical devices to guide the dimensions of the conceptual framework and the interpretive findings. The data were collected from sources that included books, journals, official documents, Internet websites and interviews. From all these generated ideas, analysis of the dynamics of trade and environmental issues between regimes and member states were carried out. The findings from the study showed that liberalization and expansion of the trade regime have resulted in a unique organizational structure and developed various non-trade related issues; MEAs’ trade measures have been negotiated by different aims and desires from the WTO’s environment related rules. In the case of Biosafety Protocol, there were dilemmas during negotiations on conditions that aimed to make strong rules possible. The study found out that the WTO and the Cartagena Protocol on Diversity will impose slightly different regulations as against the sovereign laws on biosafety. Hence, the relationship between the WTO and the Biosafety Protocol Agreements has led to debates over their extremes; and constitutionalism of regimes has also raised judicial power over bureaucratic power. It is recommended that the complexity of international negotiations and disputes from potential tensions can also be prevented by encouraging an exchange of experts between MEAs and the WTO.

Author : Claude E. Barfield
Publisher : American Enterprise Institute Press
ISBN 13 :
Total Pages : 272 pages
Book Rating : 4.42/5 ( download)

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Download or read book Free Trade, Sovereignty, Democracy written by Claude E. Barfield and published by American Enterprise Institute Press. This book was released on 2001 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: A penetrating look at major challenges to the World Trade Organization and the future of trade liberalization. It also shows how the WTO is moving in a direction at odds with basic democratic principles. The author closes his analysis with some policy recommendations.

Author : Christina Voigt
Publisher : BRILL
ISBN 13 : 9004166971
Total Pages : 453 pages
Book Rating : 4.74/5 ( download)

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Download or read book Sustainable Development As a Principle of International Law written by Christina Voigt and published by BRILL. This book was released on 2009 with total page 453 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides a framework for the doctrinal foundation of sustainable development as a principle of integration in international law. The work departs from the fragmented nature of the international legal system, a system that lacks integrative principles for creating coherent relations between, for example, the international trade regime of the WTO and multilateral environmental agreements. The specific focus is on a legal analysis of potential normative conflicts between climate measures as regulated by the UNFCCC and the Kyoto Protocol, in particular the flexibility instruments of international emissions trading and the Clean Development Mechanism, and the rules of the WTO. Attention is then given to the application of sustainable development as a principle of integration in relation to these conflicts. The book takes on several important, timely and demanding tasks related to the urgent global challenge of climate change and the capacity of international law to deal with complex and multifaceted issues. It addresses in particular: a [ The relations between various international legal regimes, especially between international trade law and climate law, a [ The legal status of sustainable development as a principle of international law, and a [ The analysis of interpretative methods and of principles that may serve to address conflicts between rules pertaining to different legal regimes. Here, integration as part of legal reasoning becomes particularly relevant.

Author : Jeremy A. Rabkin
Publisher : A E I Press
ISBN 13 :
Total Pages : 362 pages
Book Rating : 4.57/5 ( download)

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Download or read book Why Sovereignty Matters written by Jeremy A. Rabkin and published by A E I Press. This book was released on 1998 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sovereign nations submit their domestic policies to international agreements and supranational institutions. This text warns that international regulation could distort the US constitutional system, and argues for reviving the traditional American view on international agreements and treaties.

Author : Barbara Cooreman
Publisher : Edward Elgar Publishing
ISBN 13 : 1786434393
Total Pages : 336 pages
Book Rating : 4.95/5 ( download)

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Download or read book Global Environmental Protection through Trade written by Barbara Cooreman and published by Edward Elgar Publishing. This book was released on 2017-04-28 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite an increasing global awareness of environmental concerns, setting internationally binding and ambitious commitments has proven exceedingly complex. As states are seeking alternative methods to support global environmental protection, this book takes a closer look at the possibility of using national trade measures that make market access conditional on the environmental impact of the production process abroad.

Author : Nicholas Sunday
Publisher : GRIN Verlag
ISBN 13 : 3656378703
Total Pages : 105 pages
Book Rating : 4.09/5 ( download)

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Download or read book International Law and its Relationship to Trade, Environment and Sovereingty written by Nicholas Sunday and published by GRIN Verlag. This book was released on 2013-02-27 with total page 105 pages. Available in PDF, EPUB and Kindle. Book excerpt: Doctoral Thesis / Dissertation from the year 2012 in the subject Law - European and International Law, Intellectual Properties, grade: A, , course: LAW, language: English, abstract: We must spare no effort to free all of humanity, and above all our children and grandchildren, from the threat of living on a planet irredeemably spoilt by human activities, and whose resources would no longer be sufficient for their needs (United Nations Millennium Declaration, GA Res. 55/2). Since the increasing pressure on ‘’ fair trade’’ emphasized by massive street demonstrations at the 1999 Ministerial Conference in Seattle, the World Trade Organization( WTO) has had to face new objectives raised by political, religious and ideological interests, labor, animal and women’s right. The environmental issue has moved beyond local and even national boundaries into the foreign policy debate, since actions in one country have had adverse environmental effects on another. As a consequence, public interests has intensified, in the light of high profile trade and environmental concerns that extends into some of these new sensitive areas such as the role of science in risk assessment, the conservation of endangered species, the cross border movement of genetically modified organisms( GMOs) and measures to protect public health. Economists, lawyers and environmentalists have called for international agreements, which abrogate national sovereignty and delegate foreign policy to international agreements. Trade and environmental issues have come to the forefront of foreign policy, challenging and reshaping traditional interactions between trade and environment. Varieties of demands on the growing lists of trade and environmental issues have driven international treaties and agreements, which seem to have high costs with low benefits or ‘’ a chilling effect’’ (Conca, 2000). Due to new problems and demands, the density of international institutions has risen in the new world order. With increasing numbers of international treaties and organizations, different international norms have become more intrusive on each other. This proposal seeks to study’’ international law and its relationship to trade, environment and sovereignty, with focus on Cartagena Protocol on Biosafety’’ as a case study to ‘’evaluate a principle research question: what are the contradictions between different approaches towards the environment of the WTO and multilateral environmental agreement (MEAs)? The aim of the case study is to find general contradictions between the WTO and MEAs and to analyze the overlap issues between different sets of multilateral agreements. [...]

Author : Alberto do Amaral Júnior
Publisher : Springer
ISBN 13 : 3030032639
Total Pages : 391 pages
Book Rating : 4.30/5 ( download)

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Download or read book The WTO Dispute Settlement Mechanism written by Alberto do Amaral Júnior and published by Springer. This book was released on 2019-04-09 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a multidisciplinary approach to the Dispute Settlement Mechanism (DSM) by bringing together contributions from legal scholars and political scientists. Most of the authors belong to a tightly knit legal epistemic community, trained at the University of São Paulo and at the top-ranked research and policy centers on WTO law in Europe. Presenting a novel and unique perspective on the DSM, it provides an analysis of current themes at the heart of the WTO Dispute Settlement Mechanism through the lenses of scholars with a “developing country” perspective. Focusing on assessment, substance, and process, it presents a three-fold approach to the analysis and offers a singular contribution to the scholarly literature on the WTO. The book discusses the topic from the viewpoint of individuals deeply involved in the scholarly production as well as the daily operation of the mechanism. The contributors include academics in the fields of international economic law and political science, diplomats, individuals engaged in legal private practice, and individuals affiliated with the WTO as well as WTO-related think tanks. The result is a balanced perspective on pressing issues that have arisen and that are likely to remain at the center of the scholarly and policy debate for years to come.

Author : Piotr Szwedo
Publisher : BRILL
ISBN 13 : 9004382895
Total Pages : 402 pages
Book Rating : 4.93/5 ( download)

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Download or read book Cross-border Water Trade: Legal and Interdisciplinary Perspectives written by Piotr Szwedo and published by BRILL. This book was released on 2018-11-13 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cross-border Water Trade: Legal and Interdisciplinary Perspectives is a critical assessment of one of the growing problems faced by the international community - the global water deficit.Apart from theoretical considerations it has very practical consequences, as cross-border water trade appears to constitute one of the most effective ways of balancing water deficits worldwide.