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Deference To The Legislature In Wto Challenges To Legislation

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Deference To The Legislature In Wto Challenges To Legislation

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Author : Daniel Lovric
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2012-11-01

Deference To The Legislature In Wto Challenges To Legislation written by Daniel Lovric and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-11-01 with Law categories.

This completely revised and up to date Fourth Edition of this well received work offers in one volume a comprehensive review of United States copyright, patent, and trademark laws. The material has been completely updated and includes detailed discussion of the 2011 America Invents Act, as well as other pertinent developments in U.S. law It provides thorough and sophisticated treatment of this complex material in a form both less cumbersome than a treatise and considerably deeper and more sophisticated than a study outline or "nutshell." With its detailed citations, and readily accessible and complete subject coverage, this book will be a useful quick reference or deskbook for intellectual property practitioners, students, law professors, and librarians, as well as for anyone interested in understanding American intellectual property law

Deference In International Courts And Tribunals

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Author : Lukasz Gruszczynski
language : en
Publisher: Oxford University Press, USA
Release Date : 2014

Deference In International Courts And Tribunals written by Lukasz Gruszczynski and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.

International courts use two key methodologies to determine the degree of deference granted to states in their implementation of international obligations: the standard of review and margin of appreciation. This book investigates how these doctrines are applied in international courts, analysing where their approaches converge and diverge.

Judicial Deference In International Adjudication

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Author : Johannes Hendrik Fahner
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-08-06

Judicial Deference In International Adjudication written by Johannes Hendrik Fahner and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-08-06 with Law categories.

International courts and tribunals are increasingly asked to pass judgment on matters that are traditionally considered to fall within the domestic jurisdiction of States. Especially in the fields of human rights, investment, and trade law, international adjudicators commonly evaluate decisions of national authorities that have been made in the course of democratic procedures and public deliberation. A controversial question is whether international adjudicators should review such decisions de novo or show deference to domestic authorities. This book investigates how various international courts and tribunals have responded to this question. In addition to a comparative analysis, the book provides a normative argument, discussing whether different forms of deference are justified in international adjudication. It proposes a distinction between epistemic deference, which is based on the superior capacity of domestic authorities to make factual and technical assessments, and constitutional deference, which is based on the democratic legitimacy of domestic decision-making. The book concludes that epistemic deference is a prudent acknowledgement of the limited expertise of international adjudicators, whereas the case for constitutional deference depends on the relative power of the reviewing court vis-à-vis the domestic legal order.

Allocating Authority

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Author : Joana Mendes
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-01-11

Allocating Authority written by Joana Mendes and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-01-11 with Law categories.

The question of which European or international institution should exercise public authority is a highly contested one. This new collection offers an innovative approach to answering this vexed question. It argues that by viewing public authority as relative, it allows for greater understanding of both its allocation and its legitimacy. Furthermore, it argues that relations between actors should reflect the comparative analysis of the legitimacy assets that each actor can bring into governance processes. Put succinctly, the volume illustrates that public authority is relative between actors and relative to specific legitimacy assets. Drawing on the expertise of leading scholars in the field, it offers a thought-provoking and rigorous analysis of the long debated question of who should do what in European and international law.

Yearbook On International Investment Law Policy 2012 2013

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Author : Andrea Bjorklund
language : en
Publisher: Oxford University Press
Release Date : 2014-07-07

Yearbook On International Investment Law Policy 2012 2013 written by Andrea Bjorklund and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-07 with Law categories.

Today, international investment law consists of a network of multifaceted, multilayered international treaties that, in one way or another, involve virtually every country of the world. The evolution of this network raises a host of issues regarding international investment law and policy, especially in the area of international investment disputes. The Yearbook on International Investment Law & Policy 2012-2013 monitors current developments in international investment law and policy, focusing on recent trends and issues in foreign direct investment (FDI). With contributions by leading experts in the field, this title provides timely, authoritative information on FDI that can be used by a wide audience, including practitioners, academics, researchers, and policy makers. Contributions to the Yearbook on International Investment Law & Policy 2012-2013 cover the 2012-2013 trends in international investment agreements, the Foreign Direct Investment (FDI) trends, and the challenge of investment policies for outward FDI, as well as a review of 2012 international investment law and arbitration. This edition contains essays from the Symposium on Sustainable Development and International Investment Law: Bridging the Divide. Also included are general articles providing an analysis of arbitral tribunal practice regarding the applicable law to state contracts under the ICSID Convention in the Twenty First Century; the role of municipal laws in investment arbitration; the status of state-controlled entities under international investment law, the US and the Trans-Pacific partnership (TPP); new 2012 US Model BITs; and the Regulation of FDI in Bolivia. This volume concludes with the winning memorials from the 2012 FDI International Moot Competition.

Yearbook On International Investment Law And Policy 2012 2013

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Author : Andrea K. Bjorklund
language : en
Publisher: Yearbook on International Inve
Release Date : 2014

Yearbook On International Investment Law And Policy 2012 2013 written by Andrea K. Bjorklund and has been published by Yearbook on International Inve this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.

Proportionality And Facts In Constitutional Adjudication

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Author : Anne Carter
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-01-27

Proportionality And Facts In Constitutional Adjudication written by Anne Carter and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-27 with Law categories.

This book considers the relationship between proportionality and facts in constitutional adjudication. Analysing where facts arise within each of the three stages of the structured proportionality test – suitability, necessity, and balancing – it considers the nature of these 'facts' vis-à-vis the facts that arise in the course of ordinary litigation. The book's central focus is on how proportionality has been applied by courts in practice, and it draws on the comparative experience of four jurisdictions across a range of legal systems. The central case study of the book is Australia, where the embryonic and contested nature of proportionality means it provides an illuminating study of how facts can inform the framing of constitutional tests. The rich proportionality jurisprudence from Germany, Canada, and South Africa is used to contextualise the approach of the High Court of Australia and to identify future directions for proportionality in Australia, at a time when the doctrine is in its formative stages. The book has three broad aims: First, it considers the role of facts within proportionality reasoning. Second, it offers procedural insights into fact-finding in constitutional litigation. Third, the book's analysis of the dynamic Australian case-law on proportionality means it also serves to clarify the nature and status of proportionality in Australia at a critical moment. Since the 2015 decision of McCloy v New South Wales, where four justices supported the introduction of a structured three-part test of proportionality, the Court has continued to disagree about the utility of such a test. These developments mean that this book, with its doctrinal and comparative approach, is particularly timely.

Trade And Environment Governance At The World Trade Organization Committee On Trade And Environment

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Author : Manuel Teehankee
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-06-11

Trade And Environment Governance At The World Trade Organization Committee On Trade And Environment written by Manuel Teehankee and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-11 with Law categories.

In the opinion of many, the most crucial issue confronting the world today lies in achieving a sustainable nexus among global trade, economic development, and the environment. This book, written by a prominent diplomat with extensive direct experience in this field, presents a much-needed critical perspective on the conflict of norms among the three policy regimes, focusing on the dilemma of reconciling approaches regarding harmonized global governance and a more diverse community-based approach. It is the first and only in-depth treatment to systematically study a series of deliberations in the World Trade Organization’s Committee on Trade and Environment (CTE), highlighting perspectives taken by both developed and developing economies. The book demonstrates that the CTE’s contributions to the evolving trade and environment policy framework have been, contrary to popular perception, both substantial and relevant. In his review of how the particular characteristics of twenty key work outputs of the CTE impact current practice in trade and environment policy discussions, the author discusses such key issues and topics as the following: a singular harmonized global governance framework versus the centrifugal force of community-based, localized or regional solutions that emphasize diversity and multifaceted institution building; drawbacks and continuing relevance of the CTE Work Agenda; issues related to carbon, intellectual property rights, and services; market access for environmental goods; requirements for environmental purposes relating to products, including standards and technical regulations, packaging, labeling, and recycling; and ways forward for combining global regimes with local solutions in an environmental context. Given the urgent need for making economic policies more coherent with sustainability and environmental goals, and for overcoming the ongoing stalemate between developed and developing countries on this matter, this book is sure to be warmly welcomed by policy makers and negotiators in the areas of both trade and environment, as well as by academics, theorists, and experts in the field of global governance interested in formulating practical approaches to trade and environment governance and minimizing potential policy conflicts.

Wto Trade In Goods

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Author : Rüdiger Wolfrum
language : en
Publisher: BRILL
Release Date : 2010-12-07

Wto Trade In Goods written by Rüdiger Wolfrum and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-12-07 with Business & Economics categories.

Article-by-article this volume explains the GATT 1994, its Introductory Note and Annexes, the Understandings on Arts II:1 lit. b, XVII, XXIV and XXVIII GATT, the Understandings on Balance-of-Payments Provisions and Waivers of Obligations, the Enabling Clause and the Waiver on Preferential Tariff Treatment for Least-Developed Countries. It also covers the Agreements on Customs Valuation, Preshipment Inspection and Rules of Origin.

Public Policy In International Economic Law

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Author : Diane A. Desierto
language : en
Publisher: Oxford University Press, USA
Release Date : 2015

Public Policy In International Economic Law written by Diane A. Desierto and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.

States reject inequality when they choose to ratify the International Covenant on Economic, Social and Cultural Rights (ICESCR), but to date the ICESCR has not yet figured prominently in the policy calculus behind States' international economic decisions. This book responds to the modern challenge of operationalizing the ICESCR, particularly in the context of States' decisions within international trade, finance, and investment. Differentiating between public policy mechanisms and institutional functional mandates in the international trade, finance, and investment systems, this book shows legal and policy gateways for States to feasibly translate their fundamental duties to respect, protect, and fulfil economic, social and cultural rights into their trade, finance, and investment commitments, agreements, and contracts. It approaches the problem of harmonizing social protection objectives under the ICESCR with a State's international economic treaty obligations, from the designing and interpreting international treaty texts, up to the institutional monitoring and empirical analysis of ICESCR compliance. In examining public policy options, the book takes into account around five decades of States' implementation of social protection commitments under the ICESCR; its normative evolution through the UN Committee on Economic, Social and Cultural Rights, and the Committee's expanded fact-finding and adjudicative competences under the Optional Protocol to the ICESCR; as well as the critical, dialectical, and deliberative roles of diverse functional interpretive communities within international trade, finance, and investment law. Ultimately, the book shoes how States' ICESCR commitments operate as the normative foundation of their trade, finance, and investment decisions.

Deference To The Legislature In Wto Challenges To Legislation

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