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Gathering an interdisciplinary range of cutting-edge scholars, this
book addresses legal constitutions of value. Global value
production and transnational value practices that rely on
exploitation and extraction have left us with toxic commons and a
damaged planet. Against this situation, the book examines law's
fundamental role in institutions of value production and valuation.
Utilising pathbreaking theoretical approaches, it problematizes
mainstream efforts to redeem institutions of value production by
recoupling them with progressive values. Aiming beyond radical
critique, the book opens up the possibility of imagining and
enacting new and different value practices. This wide-ranging and
accessible book will appeal to international lawyers, socio-legal
scholars, those working at the intersections of law and economy and
others, in politics, economics, environmental studies and
elsewhere, who are concerned with rethinking our current ideas of
what has value, what does not, and whether and how value may be
revalued.
This book addresses key challenges and conflicts arising in
extractive industries (mining, oil drilling) concerning the human
rights of workers, their families, local communities and other
stakeholders. Further, it analyses various instruments that have
sought to mitigate human rights violations by defining
transparency-related obligations and participation rights. These
include the Extractive Industries Transparency Initiative (EITI),
disclosure requirements, and free, prior and informed consent
(FPIC). The book critically assesses these instruments,
demonstrating that, in some cases, they produce unwanted effects.
Furthermore, it highlights the importance of resistance to
extractive industry projects as a response to human rights
violations, and discusses how transparency, participation and
resistance are interconnected.
Despite being an important legal instrument in the law of the WTO,
the waiver has hitherto been the subject of little scholarly
analysis. Isabel Feichtner fills this gap by challenging the
conventional view that the WTO's political bodies do not engage in
significant law-making. She systemises the GATT and WTO waiver
practice and suggests a typology of waivers as individual
exception, general exception and rule-making instruments. She also
presents the procedural and substantive legal requirements for the
granting of waivers, deals with questions of judicial review and
interpretation of waiver decisions, and clarifies the waiver's
potential and limits for addressing the need for flexibility and
adaptability in public international law and WTO law in particular.
By connecting the analysis of waiver competence and waiver practice
to the general stability/flexibility challenge in public
international law, the book sheds new light on the WTO,
international institutions and international law.
Despite being an important legal instrument in the law of the WTO,
the waiver has hitherto been the subject of little scholarly
analysis. Isabel Feichtner fills this gap by challenging the
conventional view that the WTO's political bodies do not engage in
significant law-making. She systemises the GATT and WTO waiver
practice and suggests a typology of waivers as individual
exception, general exception and rule-making instruments. She also
presents the procedural and substantive legal requirements for the
granting of waivers, deals with questions of judicial review and
interpretation of waiver decisions, and clarifies the waiver's
potential and limits for addressing the need for flexibility and
adaptability in public international law and WTO law in particular.
By connecting the analysis of waiver competence and waiver practice
to the general stability/flexibility challenge in public
international law, the book sheds new light on the WTO,
international institutions and international law.
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Nadine Gordimer
Paperback
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R398
R330
Discovery Miles 3 300
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