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Vol 21 No 11 Nov/Dec 2016

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The WTO Dispute Settlement System: Challenges of the Environment, Legitimacy and Fragmentation

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ISBN13: 9789041134066
Published: August 2011
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £104.00



Despatched in 11 to 13 days.

Tensions between economic interests and environmental protection have assumed crisis proportions in awareness at every level of society. In particular, the World Trade Organization has become entangled in controversies related to legitimacy, democracy, environmental protection, and fragmentation of international law, fuelling a contentious debate on the use (or abuse) of environmental norms at the WTO. To a greater degree than any comparable treatment, this book focuses on the role of the WTO dispute settlement system in addressing trade-environment conflicts. Highlighting the ways in which environmental issues challenge the legitimacy of WTO jurisprudence, it considers such relevant core issues as the following:

  • challenges posed to the WTO by so-called ‘linkage’ issues, such as environmental protection, labour, and investment;
  • to what extent the WTO can apply rules of international law (e.g., environmental ones) that are not contained in the WTO agreements; and
  • concerns over the Dispute Settlement System’s lack of democratic accountability in matters of great public interest.
The study analyses in detail the role of international environmental law in three key WTO cases, namely the Shrimp-Turtle, Hormones and Biotech disputes. This deeply informed and thoughtful book is of special importance for its proposals on how the WTO dispute settlement system can improve its legitimacy while respecting the limits of its mandate. It will be welcomed by international trade attorneys, environmental lawyers, concerned academics and students, and government officials in both trade and environmental policy.

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Subjects:
International Trade
Contents:
About the Author. List of Abbreviations. Preface and Acknowledgement. Part I Introduction. Part II Overview: The WTO, Legitimacy and the Environment.
Chapter 1 The WTO, Legitimacy and New Trends in International Law.
Chapter 2 The WTO and the Challenge of Environmental Linkages.
Chapter 3 Environmental Disputes in the WTO Dispute Settlement System.
Chapter 4 International Law in the WTO Dispute Settlement System.
Chapter 5 Fragmented Landscapes: WTO Dispute Settlement System and International Environmental Law.
Chapter 6 The Other Dimension of Legitimacy: Why 'Importing' Substantive Legitimacy Is Not the Answer Chapter.
7 The WTO Dispute Settlement System and Fragmentation of International Law: The Case of Climate Change. Part IV Conclusions. Bibliography. Index

Series: Global Trade Law

Price on Application
Single Windows and Trade Facilitation ISBN 9789041158345
Published June 2015
Kluwer Law International
£104.00
£96.00
Theories and Practices of Compliance with WTO Law ISBN 9789041132284
Published September 2012
Kluwer Law International
£104.00
Global Textiles and Clothing Trade: Trade Policy Perspectives ISBN 9789041138750
Published April 2012
Kluwer Law International
£112.00
£112.00
Trade, Health, and the Burden of Proof in WTO Law ISBN 9789041138255
Published December 2011
Kluwer Law International
£112.00
India: Commercial Law, Customs and Taxation ISBN 9789041128362
Published August 2011
Kluwer Law International
£112.00
Regulation of Energy in International Trade Law: WTO, NAFTA and Energy Charter ISBN 9789041132642
Published July 2011
Kluwer Law International
£112.00
Globalization and Animal Law: Comparative Law, International Law and International Trade ISBN 9789041133380
Published April 2011
Kluwer Law International
£112.00
£120.00
Customs Law of East Asia ISBN 9789041133342
Published November 2010
Kluwer Law International
£112.00
Legal Guide to GATS ISBN 9789041128249
Published November 2010
Kluwer Law International
£112.00
International Trade in Gambling Services ISBN 9789041132482
Published May 2010
Kluwer Law International
£104.00
£112.00
Mexico in the WTO: An Anatomy of its Participation in Dispute Proceedings ISBN 9789041131690
Published October 2009
Kluwer Law International
£110.00