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The EU, the WTO and the NAFTA: Towards a Common Law of International Trade

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ISBN13: 9780199248124
ISBN: 0199248125
Published: July 2002
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback
Price: £33.99



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The starting point of this book is the coexistence of the overlapping regimes of the WTO, the EU and the NAFTA. On this basis it explores the emergence of a nascent Common Law of International Trade. This exploration is rooted in three phenomena: Firstly, the fact that the very same regulatory measure may come simultaneously within the jurisdictional reach of more than one trade regime and may even be adjudicated simultaneously. Some regimes offer alternatives.

The NAFTA, for example, offers GATT dispute resolution as an option for many of its own disputes. Secondly, convergence in the material law of the disparate international trade regimes. This, of course, is the heart of the emergent Common Law. Thirdly, the strengthening of private parties in all regimes. Once a preserve of the EU, the NAFTA allows private party dispute resolution of different types in relation to various matters and in the case of the WTO, although it is still an intergovernmental preserve, private actors are learning to manipulate the system.

This volume, built on a recent series of courses at the Academy of European Law, is a reflection of this conviction.;The various contributions deal with discrete areas - in the double sense - of the international trading system but each placing considerable emphasis on the interlocking nature of the various components of that system. It is our conviction that this is the appropriate way to understand and to teach this branch of the law.

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Subjects:
International Trade
Contents:
1: J. H. H. Weiler: Cane and Abel--Convergence and Divergence in International Trade Law.
2: Marise Cremona: EC External Commercial Policy after Amsterdam: Authority and Interpretation within Interconnected Legal Orders.
3: Robert Howse: Adjudicative Legitimacy and Treaty Interpretation in International Trade Law: The early Years of WTO Jurisprudence.
4: Jacques H. J. Bourgeois: The European Court of Justice and the WTO: problems and Challenges.
5: Joanne Scott: On Kith and Kin (and Crustaceans): Trade and Environment in the EU and WTO.
6: Frederick M. Abbott: The North American Integration Regime and Its Implications for the World Trading System.
7: J. H. H. Weiler: Epilogue: Towards a Common Law of International Trade