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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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Making and Bending International Rules: The Design of Exceptions and Escape Clauses in Trade Law


ISBN13: 9781107140868
Published: August 2016
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £64.99



Despatched in 6 to 8 days.

All treaties, from human rights to international trade, include formal exceptions that allow governments to legally break the rules that they have committed to, in order to deal with unexpected events.

Such institutional 'flexibility' is necessary, yet it raises a tricky theoretical question: how to allow for this necessary flexibility, while preventing its abuse? Krzysztof Pelc examines how designers of rules in vastly different settings come upon similar solutions to render treaties resistant to unexpected events.

Essential for undergraduate students, graduate students, and scholars in political science, economics, and law, the book provides a comprehensive account of the politics of treaty flexibility. Drawing on a wide range of evidence, its multi-disciplinary approach addresses the paradoxes inherent in making and bending international rules.

Subjects:
International Trade
Contents:
List of tables
Acknowledgements
1. The 'architectural challenge' of international rules
2. Theory: the design of flexibility
3. Flexibility in law: a brief intellectual history
4. The twin GATT exceptions: fears and solutions
5. The evolving design of flexibility
6. The bad news
7. The good news
8. Conclusion: escape during the Great Recession and beyond
Bibliography
Index.