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The importance of the institutional dimensions to international
trade law over the last decades is brought to light in this volume
of previously published articles. The collection focuses on the
World Trade Organization (WTO), the most important institution in
international trade, and includes a selection of key contributions
to the field. The approach is multi-disciplinary, encompassing
mostly law, but also political science and economics, and the
issues addressed are significant and diverse: the overall
legitimacy and effectiveness of the WTO, the relationship between
legal and judicial branches of the WTO, the path to membership in
the organization, the WTO's institutional complex of councils,
committees and panels, the role of the WTO secretariat, and the
relationship between the WTO and regional trade frameworks. The
combined strengths of the articles in the collection, which reveals
a dynamic, multi-layered and complex institutional structure, make
this volume of special importance to students and practitioners of
international trade or international relations.
Recent decades have witnessed an impressive process of normative
development in international law. Numerous new treaties have been
concluded, at global and regional levels, establishing far-reaching
international legal and regulatory regimes in important areas such
as human rights, international trade, environmental protection,
criminal law, intellectual property, and more. New political and
judicial institutions have been established to develop, apply and
adjudicate these rules. This trend has been accompanied by the
growing consolidation of treaty norms into international custom,
and increased references to international law in domestic settings.
As a result of these developments, international relations have now
reached an unprecedented level of normative density and intensity,
but they have also given rise to the phenomenon of 'fragmentation'.
The debate over the fragmentation of international law has largely
focused on conflicts: conflicts of norms and conflicts of
authority. However, the same developments that have given rise to
greater conflict and contradiction in international law, have also
produced a growing amount of normative equivalence between rules in
different fields of international law. New treaty rules often echo
existing international customary norms. Regional arrangements
reinforce undertakings that already exist at the global level; and
common concerns and solutions appear in many international legal
fields. This book focuses on such instances of normative
parallelism, developing the concept of 'multisourced equivalent
norms' in international law, with contributions by leading
international law experts exploring the legal and political
implications of the concept in a variety of contexts that span the
full spectrum of international legal norms and institutions. By
concentrating on situations governed by a multitude of similar
norms, the book emphasizes the importance of legal contexts and
institutional settings to international law-interpretation and
application.
International law is fragmented and complex, and at the same time
increasingly capable of shaping reality in areas as diverse as
human rights, trade and investment, and environmental law. The
increased influences of international law and its growing
institutionalization and judicialization invites reconsideration of
the question how should the authority to make and interpret
international law be allocated among states, international
organizations and tribunals, or in other words, "who should decide
what" in a system that formally lacks a central authority? This is
not only a juridical question, but one that lies at the very heart
of the political legitimacy of international law as a system of
governance, defining the relationship between those who create the
law and those who are governed by it in a globalizing world. In
this book, leading international legal scholars address a broad
range of theoretical and practical aspects of the question of
allocation of authority in international law and debate the
feasibility of three alternative paradigms for international
organization: Sovereignty, Supremacy and Subsidiarity. The various
contributions transcend technical solutions to what is in essence a
problem of international constitutional dimensions. They deal,
inter alia, with the structure of the international legal system
and the tenacity of sovereignty as one of its foundations, assess
the role of supremacy in inter-judicial relations, and draw lessons
from the experience of the European Union in applying the principle
of subsidiarity. This volume will be of great interest to scholars
and practitioners of international law alike.
Economic development is the most important agenda in the
international trading system today, as demonstrated by the Doha
Development Agenda (DDA) adopted in the current multilateral trade
negotiations of the World Trade Organization (the Doha Round). This
book provides a relevant discussion of major international trade
law issues from the perspective of development in the following
areas: general issues on international trade law and economic
development; and specific law and development issues in World Trade
Organization, Free Trade Agreement and regional initiatives. This
book offers an unparalleled breadth of coverage on the topic and
diversity of authorship, as seventeen leading scholars contribute
chapters from nine major developed and developing countries,
including the United States, Canada, Japan, China (including Hong
Kong), South Korea, Australia, Singapore and Israel.
Economic development is the most important agenda in the
international trading system today, as demonstrated by the Doha
Development Agenda (DDA) adopted in the current multilateral trade
negotiations of the World Trade Organization (the Doha Round). This
book provides a relevant discussion of major international trade
law issues from the perspective of development in the following
areas: general issues on international trade law and economic
development; and specific law and development issues in World Trade
Organization, Free Trade Agreement, and regional initiatives.
Although there are publications on trade and development issues,
mostly discussing developing countries, few publications deal with
law and development issues of international trade law
comprehensively in its key areas. This book offers an unparalleled
breadth of coverage on the topic and diversity of authorship, as
seventeen leading scholars contribute chapters from nine major
developed and developing countries, including the United States,
Canada, Japan, China (including Hong Kong), South Korea, Australia,
Singapore, and Israel.
How do politics and international economic law interact with each
other? Financial crises and shifts in global economic patterns have
refocused our attention on how the fingerprints of the visible hand
can be seen all over the institutions that underpin the rules of
globalization. From trade and investment to finance, governments
are under pressure to enforce, resist, and re-write international
economic law. Lawyers have seldom given enough attention to the
influence of politics on law, whereas political scientists have had
an on-again, off-again fascination with how the law influences
relations among states. This book leads the way toward filling this
interdisciplinary gap, through a series of important studies
written by leaders in the field on specific problems in
international economic relations. The book demonstrates a variety
of ways in which the international political-economic nexus may be
researched and understood.
How do politics and international economic law interact with each
other? Financial crises and shifts in global economic patterns have
refocused our attention on how the fingerprints of the 'visible
hand' can be seen all over the institutions that underpin the rules
of globalization. From trade and investment to finance, governments
are under pressure to enforce, resist and rewrite international
economic law. Lawyers have seldom given enough attention to the
influence of politics on law, whereas political scientists have had
an on-again, off-again fascination with how the law influences
relations among states. This book leads the way toward filling this
interdisciplinary gap, through a series of important studies
written by leaders in the field on specific problems in
international economic relations. The book demonstrates a variety
of ways in which the international political-economic nexus may be
researched and understood.
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