A Communitarian Theory Of Wto Law
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A Communitarian Theory Of Wto Law
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Author : Chios Carmody
language : en
Publisher: Cambridge University Press
Release Date : 2023-12-21
A Communitarian Theory Of Wto Law written by Chios Carmody and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-21 with Law categories.
Since 1995 there has been intense debate about whether the WTO Agreement is just. Many observers point to the association of the treaty with intensive interdependence and the disruptive effects of globalization to assert that it is unjust. Nevertheless, justice in sovereign terms is different from justice in human terms. This book puts forward a theory of WTO law to explain the difference and its implications for the international trading system. It details how economic interdependence gives rise to an interdependent view of the relationship between different forms of justice and to interdependent obligations in WTO law. It also suggests how the WTO dispute settlement system might have a residual value as a locus for transformative outcomes despite contemporary concerns about the system's political acceptability. Taken together, such insights may assist in identifying elements of a general theory of law.
International Sanctions And Human Rights
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Author : Pavel Šturma
language : en
Publisher: Springer Nature
Release Date : 2024-12-19
International Sanctions And Human Rights written by Pavel Šturma and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-12-19 with Law categories.
The word "sanctions" is currently used more than ever before not only in the media, political statements, but also in legal discourse. Apart from this very widely cited term, European Union documents tend to refer also to "restrictive measures" while international law parlance embraces the concept of "countermeasures" (being the modern equivalent of peaceful reprisals from the point of view of general customary international law), i.e. individual coercive measures, or "security measures", which is a term used in some treaties. Sanctions or measures, whatever they are called, are a necessary and legitimate response to Russian aggression in Ukraine in the current situation. However, this does not rule out certain legal problems. The nature of these measures must be assessed in the light of international law. From this point of view, finding answers to the following questions is essential. Is the content of these measures generally consistent or contrary to the rules of international law? Who is authorized to decide on the introduction and content of these measures? Can these measures produce extraterritorial effects? Do sanctions targeting individuals (natural and legal persons) violate their human rights (right to property, right to fair trial, etc.)? Which type of information can be used as a basis for imposing sanctions against these individuals? Are there sufficient procedural safeguards and remedies at national and international level? Can some restrictive measures be reviewed and possibly overturned by courts? Are individuals who have been wrongfully added on sanction lists entitled to any compensation?
Sustainable Development International Law And A Turn To African Legal Cosmologies
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Author : Godwin Eli Kwadzo Dzah
language : en
Publisher:
Release Date : 2024-02-02
Sustainable Development International Law And A Turn To African Legal Cosmologies written by Godwin Eli Kwadzo Dzah and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-02 with Law categories.
This original book analyses and reimagines the concept of sustainable development in international law from a non-Western legal perspective. Built upon the intersection of law, politics, and history in the context of Africa, its peoples and their experiences, customary law and other legal cosmologies, this ground-breaking study applies a critical legal analysis to Africa's interaction with conceptualising and operationalising sustainable development. It proposes a turn to non-Western legal normativity as the foundational principle for reimagining sustainable development in international law. It highlights eco-legal philosophies and principles in remaking sustainable development where ecological integrity assumes a central focus in the reimagined conceptualisation and operationalisation of sustainable development. While this pioneering book highlights Africa as its analytical pivot, its arguments and proposals are useful beyond Africa. Connecting global discourses on nature, the environment, rights and development, Godwin Eli Kwadzo Dzah illuminates our current thinking on sustainable development in international law.
Collective Self Defence In International Law
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Author : James A. Green
language : en
Publisher: Cambridge University Press
Release Date : 2024-01-25
Collective Self Defence In International Law written by James A. Green and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-01-25 with Law categories.
Examines the conceptual nature of collective self-defence in international law, the requirements for its operation, and how they apply.
Demystifying Treaty Interpretation
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Author : Andrea Bianchi
language : en
Publisher: Cambridge University Press
Release Date : 2024-03-14
Demystifying Treaty Interpretation written by Andrea Bianchi and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-03-14 with Law categories.
Will appeal to scholars, practitioners and general readers engaging with treaty interpretation at all levels and will enhance the reader's knowledge and mastery of the interpretive process. It will shed light on all those relevant elements and/or connections that the traditional rule-based approach to treaty interpretation largely overlooks.
Weaponising Evidence
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Author : Margherita Melillo
language : en
Publisher: Cambridge University Press
Release Date : 2024-02
Weaponising Evidence written by Margherita Melillo and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02 with Law categories.
Analyses the history of the international law on tobacco control, from the negotiation of the WHO FCTC to the WTO.
The Rebirth Of Territory
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Author : Gail Lythgoe
language : en
Publisher: Cambridge University Press
Release Date : 2024-03-14
The Rebirth Of Territory written by Gail Lythgoe and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-03-14 with Law categories.
A critical account of the concept of territory within international legal discourse and practice.
The Functions Of International Adjudication And International Environmental Litigation
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Author : Joshua Paine
language : en
Publisher: Cambridge University Press
Release Date : 2024-05-31
The Functions Of International Adjudication And International Environmental Litigation written by Joshua Paine and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-05-31 with Law categories.
This book uses environmental disputes as a focus to develop a novel comparative analysis of the functions of international adjudication. Paine focuses on three challenges confronting international tribunals: managing change in applicable legal norms or relevant facts, determining the appropriate standard and method of review when scrutinising State conduct for compliance with international obligations, and contributing to wider processes of dispute settlement. The book compares how tribunals manage these challenges across four key sites of international adjudication: adjudication in the World Trade Organization and under the United Nations Convention on the Law of the Sea, International Court of Justice litigation, and investment treaty arbitration. It shows that while international tribunals perform several key functions in the contemporary international legal order, they are subject to significant constraints. Paine makes a genuine addition to literature on the role of international adjudication in international law which will benefit academics, practitioners, and policymakers.
The Justice Factory
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Author : Richard Clements
language : en
Publisher: Cambridge University Press
Release Date : 2024-01-18
The Justice Factory written by Richard Clements and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-01-18 with Law categories.
Spend time at the International Criminal Court, and you will hear the familiar language of anti-impunity. Spend longer, and you will encounter the less familiar language of management – efficiency, risk, and performance, and tools of strategic planning, audit, and performance appraisal. How have these two languages fused within the primary institution of global justice? This book explores that question through an historical and conceptually layered account of management's effects on the ICC's global justice project. It historicises management, forcing international lawyers to look at the sites of struggle – from the plantation to the United Nations – that have shaped the court's managerial present. It traces the court's macro, micro and meso scales of management, showing how such practices have fashioned a vision of global justice at organisational, professional, and argumentative levels. And it asks how those who care about global justice might engage with managerial justice at an institution animated by forms, reforms, and the promise of optimisation.
The Intersection Of Intellectual Property Law And The Green Movement
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Author : John Marshall Review of Intellectual Property Law
language : en
Publisher: Quid Pro Books
Release Date : 2010-06-22
The Intersection Of Intellectual Property Law And The Green Movement written by John Marshall Review of Intellectual Property Law and has been published by Quid Pro Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-06-22 with Law categories.
Special symposium by leading scholars and lawyers on intellectual property law, including patents and trademarks. The Green Issue presents cutting-edge articles on the emerging "green" movement in environmental law and its promotion through IP law. Topics include encouraging biodiversity, green labeling and fake marketing, greenwashing, miscalculation of long-term costs, and patenting environmental tech.