Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

"International law and institutions increasingly not only deal with transactions across the borders of sovereign states, but instead promote and protect transnational societal interests. To give but a few examples: international legal regimes obligate states to limit greenhouse gas emissions by national households and industry, to put into place administrative and judicial procedures for the protection of intellectual property rights, or they restrict domestic governmental powers to adopt policies that encroach upon human rights or impede international trade. The observation that international law promotes transnationally shared societal interests, such as interests in a clean environment, cross-border trade, property or human rights protection does not implicate a value judgment. It does not follow that such law is beyond criticism and exclusively for the good of human kind. Rather it implicates trade-offs -trade-offs between economic and non-economic interests, for example, or trade-offs between individual freedom and public interest policies"-- "Despite being an important legal instrument in the law of the WTO, the waiver has hitherto been the subject of little scholarly analysis. Isabel Feichtner fills this gap by challenging the conventional view that the WTO's political bodies do not engage in significant law-making. She systemises the GATT and WTO waiver practice and suggests a typology of waivers as individual exception, general exception and rule-making instruments. She also presents the procedural and substantive legal requirements for the granting of waivers, deals with questions of judicial review and interpretation of waiver decisions, and clarifies the waiver's potential and limits for addressing the need for flexibility and adaptability in public international law and WTO law in particular. By connecting the analysis of waiver competence and waiver practice to the general stability/flexibility challenge in public international law, the book sheds new light on the WTO, international institutions and international law"--

Foreign trade regulation --- Foreign trade promotion --- Waiver --- Commerce extérieur --- Renonciation (Droit) --- Réglementation --- Promotion --- World Trade Organization. --- General Agreement on Tariffs and Trade --- Foreign trade promotion. --- Waiver. --- World Trade Organization --- Foreign trade regulation. --- Law / international. --- Law --- General and Others --- Commerce international --- Réglementation

Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

This book addresses key challenges and conflicts arising in extractive industries (mining, oil drilling) concerning the human rights of workers, their families, local communities and other stakeholders. Further, it analyses various instruments that have sought to mitigate human rights violations by defining transparency-related obligations and participation rights. These include the Extractive Industries Transparency Initiative (EITI), disclosure requirements, and free, prior and informed consent (FPIC). The book critically assesses these instruments, demonstrating that, in some cases, they produce unwanted effects. Furthermore, it highlights the importance of resistance to extractive industry projects as a response to human rights violations, and discusses how transparency, participation and resistance are interconnected.

Social legislation. --- International relations. --- Human Rights. --- Labour Law/Social Law. --- Sources and Subjects of International Law, International Organizations. --- International Relations. --- Human services --- Public law --- Coexistence --- Foreign affairs --- Foreign policy --- Foreign relations --- Global governance --- Interdependence of nations --- International affairs --- Peaceful coexistence --- World order --- National security --- Sovereignty --- World politics --- Law and legislation --- Human rights. --- Labor law. --- International law. --- Law of nations --- Nations, Law of --- Public international law --- Law --- Employees --- Employment law --- Industrial relations --- Labor law --- Labor standards (Labor law) --- Work --- Working class --- Industrial laws and legislation --- Social legislation --- Basic rights --- Civil rights (International law) --- Human rights --- Rights, Human --- Rights of man --- Human security --- Transitional justice --- Truth commissions --- Legal status, laws, etc.