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Jurisdictional Conflicts between the WTO and Regional Trade Agreements (Paperback)
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Jurisdictional Conflicts between the WTO and Regional Trade Agreements (Paperback)
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A product of fragmentation of international law, the issue of
jurisdictional conflicts between the WTO and Regional Trade
Agreements is of systemic importance. Not only does it raise the
potential problem of inconsistent rulings for WTO/RTA Members, it
requires the WTO Tribunal to confront the very nature and scope of
its jurisdiction, the admissibility of cases and its applicable
law, all highly controversial and unsettled issues in international
law. This thesis aims to present a framework that can hopefully
serve to offer solutions on the basis of the current WTO legal
system. Under this framework, where WTO proceedings are initiated
in a genuinely abusive manner, the WTO Tribunal would be able to
dismiss the WTO complaint for lack of jurisdiction or on the
grounds of inadmissibility. This does not mean a general deference
to RTA Tribunals, but, rather, would reflect the WTO Tribunal's
cognizance of the relevant WTO Members' true intentions; by giving
effect to the Members' true intentions, the WTO Tribunal could
mitigate fragmentation of international law, thereby securing and
promoting the coherence in the international legal system.
General
Imprint: |
Lap Lambert Academic Publishing
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Country of origin: |
Germany |
Release date: |
June 2010 |
First published: |
June 2010 |
Authors: |
Chun-ming (Kevin) Chen
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Dimensions: |
229 x 152 x 13mm (L x W x T) |
Format: |
Paperback - Trade
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Pages: |
220 |
ISBN-13: |
978-3-8383-6526-8 |
Categories: |
Books >
Law >
International law >
General
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LSN: |
3-8383-6526-7 |
Barcode: |
9783838365268 |
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