Trade and the Environment
Fundamental Issues in International Law, WTO Law, and Legal Theory
Series: International Economic Law Series;
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Product details:
- Publisher OUP Oxford
- Date of Publication 22 January 2009
- ISBN 9780199562787
- Binding Hardback
- No. of pages482 pages
- Size 241x163x30 mm
- Weight 842 g
- Language English 0
Categories
Short description:
The relationship between WTO law and international and domestic efforts to protect the environment is a central concern in WTO and international environmental law. These issues are analysed here by examining the fundamental provisions of WTO law and exploring its interaction with general international law and national law.
MoreLong description:
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.
This book is certainly a valuable contribution on the topic of trade and environment which can be used also comparatively for other trade-related conflicts in international law.
Table of Contents:
Introduction
Part I: Issues in General International Law and Legal Theory: Conflicts Of Norms and Related Problems
The Definition of 'Conflicts of Norms'
The Principles of Conflict Resolution
The Role of International Law Conflicting with WTO Law in WTO Proceedings
Part II: Further Issues in General International Law and Legal Theory: Extraterritorial Jurisdiction, Unilateralism and Proportionality
Extraterritorial Jurisdiction
'Unilateralism' in the Trade and Environment Context
Part III: Fundamental Issues in WTO Law
Non-Discrimination and Justification in the GATT
The Trade Disciplines Arising under the TBT Agreement
Processes and Production Methods: A Special Case under the GATT and the TBT Agreement?
Part IV: Case Study: Trade, Ozone and Climate Protection
Ozone Protection and WTO Law
Climate Protection and WTO Law
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