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Vol 22 No 4 April/May 2017

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Whistleblowing: Law and Practice

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Trade and the Environment: Fundamental Issues in International and WTO Law


ISBN13: 9780199562787
Published: January 2009
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £82.00



In stock.

The relevance of the WTO legal system for environmental protection is a central topic in general international law, WTO law and international environmental law. The relationship between WTO law and international and domestic efforts to protect the environment has moved to centre stage in WTO and international environmental law. It has also spurred the discussion on fragmentation in international law in recent years.

This book analyses these issues by examining the 'horizontal' interaction between WTO law and 'other' international law, the 'vertical' relationship between WTO law and domestic law, and the contents and the interrelations between fundamental provisions of WTO law. This study relies on established insights from legal theory in order to achieve greater clarity in legal argumentation. The main results of this analysis are applied to two topical instances of international regime interplay, namely the relevance of WTO law for international and domestic measures protecting the earth's climate and the ozone layer.

A series of controversial topics in WTO and general international law are addressed in this book, including the notion of conflicts of norms, and the resolution of conflicts of norms; the role of international law in WTO proceedings; extraterritorial jurisdiction and unilateral trade measures; proportionality and balancing of interests in international and WTO law; the core disciplines of the GATT and the TBT Agreement; process and production-based measures (PPMs) in WTO law; climate protection, protection of the ozone layer, and WTO disciplines.

Subjects:
Environmental Law, International Trade
Contents:
Issues in General international Law and Legal Theory: Conflicts Of Norms and Related Problems

1. The Definition of 'Conflicts of Norms'
2. The Principles of Conflict Resolution
3. The Role of International Law Conflicting with WTO law in WTO Proceedings

Further Issues in General International Law and Legal Theory: Extraterritorial Jurisdiction, Unilaterlism and Proportionality

4. Extraterritorial Jurisdiction
5. 'Unilateralism' in the Trade and Environment Context

Fundamental Issues in WTO Law

6. Non-Discrimination and Justification in the GATT
7. The Trade Disciplines Arising under the TBT Agreement
8. Processes and Production Methods: A Special Case under the GATT and the TBT Agreement?

Case Study: Trade, Ozone and Climate Protection

9. Ozone Protection and WTO Law
10. Climate Protection and WTO Law

Series: International Economic Law Series

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Good Faith and International Economic Law (eBook) ISBN 9780191060366
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International Harmonization of Economic Regulation ISBN 9780199604661
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Compensation and Restitution in Investor-State Arbitration: Principles and Practice ISBN 9780199601189
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Evidence, Proof, and Fact-Finding in WTO Dispute Settlement ISBN 9780199572649
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Definition of Subsidy and State Aid: WTO and EC Law in Comparative Perspective ISBN 9780199533398
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Human Rights in International Investment Law and Arbitration ISBN 9780199578184
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Human Rights in International Investment Law and Arbitration ISBN 9780199578191
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Treaty Interpretation by the WTO Appellate Body ISBN 9780199562237
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Human Rights and the WTO: The Case of Patents and Access to Medicines ISBN 9780199552177
Published August 2008
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The Future of International Economic Law ISBN 9780199551132
Published May 2008
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£29.49
International Economic Law 2nd ed ISBN 9780199226931
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£115.00
International Economic Law 2nd ed ISBN 9780199226948
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£54.00
International Economic Law 2nd ed (eBook) ISBN 9780191021459
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Emerging Principles of International Competition Law ISBN 9780199207527
Published January 2008
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Human Rights and the WTO: The Case of Patents and Access to Medicines ISBN 9780199215201
Published July 2007
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Regional Trade Agreements and the WTO Legal System ISBN 9780199207008
Published December 2006
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The Structure of Regulatory Competition ISBN 9780199216512
Published September 2006
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Regional Trade Agreements and the WTO Legal System ISBN 9780199206995
Published January 2006
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Human Rights and International Trade ISBN 9780199285839
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The Constitutionalization of the World Trade Organization ISBN 9780199285846
Published August 2005
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Standards of Review in WTO Dispute Resolution ISBN 9780199268924
Published June 2004
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The Structure of Regulatory Competition ISBN 9780199267514
Published January 2004
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Like Products in International Trade Law
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Transatlantic Economic Disputes ISBN 9780199261727
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