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Environmental Sovereignty And The Wto


Environmental Sovereignty And The Wto
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Environmental Sovereignty And The Wto


Environmental Sovereignty And The Wto
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Author : Bradly J. Condon
language : en
Publisher: BRILL
Release Date : 2006

Environmental Sovereignty And The Wto written by Bradly J. Condon and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.


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.



The Impact Of The Wto


The Impact Of The Wto
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Author : Trish Kelly
language : en
Publisher: Edward Elgar Publishing
Release Date : 2007

The Impact Of The Wto written by Trish Kelly and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Business & Economics categories.


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.



International Law And Its Relationship To Trade Environment And Sovereignty


International Law And Its Relationship To Trade Environment And Sovereignty
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Author : Nicholas Sunday
language : de
Publisher: GRIN Verlag
Release Date : 2013-02-27

International Law And Its Relationship To Trade Environment And Sovereignty written by Nicholas Sunday and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-02-27 with Law categories.


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.



Trade Environment And Sovereignty


Trade Environment And Sovereignty
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Author :
language : en
Publisher:
Release Date : 2004

Trade Environment And Sovereignty written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Environmental law categories.




A State S Sovereign Rights And Obligations In The Wto To Harmonize Environmental Policies


A State S Sovereign Rights And Obligations In The Wto To Harmonize Environmental Policies
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Author : Soyoung Jung
language : en
Publisher:
Release Date : 2013

A State S Sovereign Rights And Obligations In The Wto To Harmonize Environmental Policies written by Soyoung Jung and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with categories.


Harmonizing policies toward a specific State's environmental policies or the World Trade Organization (WTO)'s economic policies can affect States' rights to implement and enforce national environmental or economic policies. The State harmonization requirement, which restricts trade unless another State adopts a uniform environmental policy, has the potential to infringe on another State's right to determine and enforce its own environmental policy. One State's right to take measures must be balanced with another State's right to choose national policies under the state sovereignty principle of international law. Meanwhile, WTO harmonization, which requires compliance with obligations under WTO rules and the rulings of WTO Dispute Settlement Bodies (DSBs), considers diversity of States' value preferences and the authority of States to make their own policy choices. In this context, the WTO requires a balance between a State's desire to avoid distortion in international competition and another State's right to enforce environmental policies. In sum, in modern state sovereignty principle, a State is more influenced by other States' actions or international institutions' activities because of increased interdependence. Accordingly, both the State and WTO harmonization requirements must be implemented in a way that protects States' rights of environmental policy choice and enforcement.



Free Trade Sovereignty Democracy


Free Trade Sovereignty Democracy
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Author : Claude E. Barfield
language : en
Publisher: American Enterprise Institute Press
Release Date : 2001

Free Trade Sovereignty Democracy written by Claude E. Barfield and has been published by American Enterprise Institute Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Business & Economics categories.


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.



Permanent Sovereignty Over Natural Resources


Permanent Sovereignty Over Natural Resources
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Author : Marc Bungenberg
language : en
Publisher: Springer
Release Date : 2015-04-15

Permanent Sovereignty Over Natural Resources written by Marc Bungenberg and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-04-15 with Law categories.


Fifty years after the adoption of the Declaration on Permanent Sovereignty over Natural Resources by the General Assembly of the United Nations in December 1962, this volume assesses the evolution of the principle of permanent sovereignty over natural resources into a principle of customary international law as well as related developments. International environmental and human rights law leave unresolved questions regarding the limitations of this principle, e.g. extraterritorial and international influences such as the applicable criminal and tort law, as well as the extraterritorial and international promotion of good governance, including transparency obligations.



Environmental Policy Non Product Related Process And Production Methods And The Law Of The World Trade Organization


Environmental Policy Non Product Related Process And Production Methods And The Law Of The World Trade Organization
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Author : Amber Rose Maggio
language : en
Publisher: Springer
Release Date : 2017-10-06

Environmental Policy Non Product Related Process And Production Methods And The Law Of The World Trade Organization written by Amber Rose Maggio and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-06 with Law categories.


This book explores the legal regime of non-product related process and production methods (NPR PPMs) in the context of trade-restrictive environmental measures, eco-labelling requirements and sanitary measures under the WTO. These issues serve as concrete, representative examples that raise broader questions about the legitimacy of the WTO dispute settlement system and help to explore the true position of WTO members in this complex legal regime. NPR PPMs are process and production methods that do not affect the product as such, meaning that there is no discernible difference in two products with different NPR PPMs. This work examines WTO states’ attempts to regulate in this regard and create product distinctions on the basis of NPR PPMs. To do so, it scrutinizes historical, institutional, substantive and case-law issues related to NPR PPMs, environmental policy and the WTO. Further, the book addresses the issues of legitimacy, regulatory space and reform, contributing to the lively debate on the future of the WTO.



The Wto And The Environment


The Wto And The Environment
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Author : James Watson
language : en
Publisher: Routledge
Release Date : 2013-05-20

The Wto And The Environment written by James Watson and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-05-20 with Law categories.


This book is a review of the development of the WTO dispute resolution procedure and the power and influence it has gained over the practises of the member countries as well as in other international treaties. The book addresses the development of environmental competency in the WTO and examines the arguments of those who oppose WTO rule making with impacts on the environment. The WTO’s interactions with multilateral environmental agreements are considered and recent WTO cases including the 2011 US/Mexico tuna dispute and the US sea turtles decision are analysed in detail. In examining how an international organisation which was established with a specific purpose in mind has come to interact in fields beyond its original remit, James Watson demonstrates how the dispute resolution system at the WTO has come to work in a judicialised manner, operating with an informal system of precedent. This has led to the contracting parties placing more reliance on the decisions of the dispute panels and appeal body when considering policy options, with WTO rulings increasingly influencing the behaviour of national legislatures in regard to the environment. The book goes on to make concrete recommendations, based on existing practise in the WTO dispute resolution procedure, which could enhance decision making in environmental cases heard by the WTO. The book argues that this could be achieved with straightforward amendments to the WTO, based on existing practices endorsed under the WTO for other policy considerations. The WTO and the Environment will be of particular interest to academics and students of International and Environmental law.



International Law Trade Environment And Sovereignty


International Law Trade Environment And Sovereignty
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Author : Nicholas Olwor
language : en
Publisher:
Release Date : 2022

International Law Trade Environment And Sovereignty written by Nicholas Olwor and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with categories.


Sovereignty is a key matter in international law. Due to new problems and demands, the density of international institutions has risen in the new world order bringing in new international norms that are intrusive on each other. This study focused on international law and its relationship to trade, environment and sovereignty, with key concentration on The Cartagena Protocol on Biosafety. The key theme was'' What are the Contradictions between different approaches towards the environment of the World Trade Organization (WTO) and Multilateral Environmental Agreements (MEA)?The study focused on existing literature and interviewing key stakeholders on the subject matter across the Spectrum from Lawyers, Economists and Development Practioner. The findings indicate that multilateral trade and environmental agreements each have role to play in achieving sustainable future. In addition, these agreements in one way or the other infringes on the sovereign rights of States since they cut across many jurisdictions. They key challenge is to find a common ground on preserving the notion of sovereignty as well as the requirements for the provisions in international law and instruments.The recommendation is that more research need to be carried in the same field from where this current study has stopped to give more insights on the relationships identified and studied above.