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Vol 22 No 9 Sept/Oct 2017

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Corruption and Misuse of Public Office

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Deference to the Legislature in WTO Challenges to Legislation


ISBN13: 9789041131454
Published: December 2009
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £110.00



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Challenges to domestic legislation before international tribunals are a growing phenomenon in public international law. Consequently, in the field of global trade, the degree of deference given by WTO tribunals to domestic legislatures in challenges to their legislation is an area of increasing importance to practitioners, government officials and academics.

This timely work takes a new perspective on the way domestic law is treated at the international level. Using techniques of domestic constitutional law, it examines how international tribunals have treated challenges to legislation. The particular focus is WTO tribunals, but the book also draws on experiences from other international adjudicators, such as the European Court of Human Rights.

Drawing from these examples, the author examines how international tribunals have (or have not) deferred to the opinions of the domestic legislature, and the legal techniques they've used in doing so. The treatment is detailed and comprehensive, contrasting and summarizing the relevant WTO case law.

Series: Global Trade Law Series

Economic Relations Between the Australia and European Union: Law and Policy ISBN 9789041134059
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Brazil in the World Trade Organization: Contingent Protection Measures ISBN 9789041133359
Published December 2012
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The Law of Globalization ISBN 9789041128287
Published November 2009
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China and the World Trade Organization: A Long March towards the Rule of Law ISBN 9789041131447
Published October 2009
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Retaliation in the WTO Dispute Settlement System ISBN 9789041128119
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EU Dumping Determinations and WTO Law ISBN 9789041128270
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£102.00
Anti-dumping Law and Practice of China ISBN 9789041127907
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£126.00
Legalization of Development in the WTO: Between Law and Politics ISBN 9789041127952
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£117.00
£126.00
Economic Development Through World Trade: Developing World Perspective ISBN 9789041126818
Published January 2008
Kluwer Law International
£108.00