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The law and politics of WTO waivers : stability and flexibility in public international law
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ISBN: 9781107012899 9781139003346 9781107471115 1107012899 1107471117 1139003348 1139179993 1139183842 1139186167 1139188461 1139189778 1139191063 1283384167 9786613384164 Year: 2012 Volume: 7 Publisher: Cambridge: Cambridge university press,

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Abstract

"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"--


Book
The law and politics of WTO waivers
Author:
ISBN: 1283384167 9786613384164 1139189778 1139188461 1139191063 1139183842 1139186167 1139003348 9781139191067 9781139186162 9781139003346 9781139188463 9781107012899 1107012899 9781107471115 9781283384162 661338416X 9781139189774 9781139183840 1107471117 1139179993 Year: 2012 Publisher: Cambridge New York Cambridge University Press

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Abstract

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.

Keywords

Foreign trade regulation. --- Foreign trade promotion. --- Waiver. --- Discharge of contracts --- Estoppel --- Export promotion --- Export trade promotion --- Promotion, Foreign trade --- Trade promotion, Foreign --- Commercial policy --- Export credit --- Subsidies --- Export and import controls --- Foreign trade control --- Foreign trade regulation --- Import and export controls --- International trade --- International trade control --- International trade regulation --- Prohibited exports and imports --- Trade regulation --- Law and legislation --- World Trade Organization. --- General Agreement on Tariffs and Trade (Organization) --- Biśva Bāṇijya Saṃsthā --- Dėlkhiĭn Khudaldaany Baĭguullaga --- DTÖ --- Dünya Ticaret Örgütü --- Munaẓẓamat al-Tijārah al-ʻĀlamīyah --- O.M.C. --- OMC --- ʻOngkān Kānkhā Lōk --- Organisation mondiale du commerce --- Organização Mundial do Comércio --- Organización Mundial de Comercio --- Organización Mundial del Comercio --- Organizația Mondială de Comerț --- Organizzazione mondiale del commercio --- Organizzazione mondiale per il commercio --- Qaṅgkār Bāṇijjakamm Bibhab Lok --- Sāzmān-i Tijārat-i Jahānī --- Shi jie mao yi zu zhi --- SOT --- Světová obchodní organizace --- Svitova orhanizat︠s︡ii︠a︡ torhivli --- Światowa Organizacja Handlu --- Tổ chức thương mại thế giới --- Viśva Vyapāra Saṅgaṭhana --- Vsemirnai︠a︡ torgovai︠a︡ organizat︠s︡ii︠a︡ --- VTO --- W.T.O. --- Welthandelsorganisation --- World Trade Organisation --- WTO --- منظمة التجارة العالمية --- 世界貿易組織 --- 世界贸易组织 --- General Agreement on Tariffs and Trade --- Accord général sur les tarifs douaniers et le commerce --- Acuerdo General de Aranceles Aduaneros y Comercio --- Acuerdo General de Aranceles y Comercio --- Acuerdo General sobre Aranceles Aduaneros y Comercio --- Allgemeines Zoll- und Handelsabkommen --- G.A.T.T. --- GATT --- Gatto --- Ittifāqīyah al-ʻĀmmah lil-Tijārah wa-al-Taʻrifah --- JĀT --- JĀTT --- Muvāfaqatnāmah-i ʻUmūmī-i Taʻrifah va Tijārat --- Foreign trade promotion --- Waiver --- Law --- General and Others


Book
Constitutions of Value : Governance, and Political Ecology
Authors: --- ---
ISBN: 100084109X 1003221920 1032118652 1032119071 Year: 2023 Publisher: [Place of publication not identified] : Taylor & Francis,

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Gathering an interdisciplinary range of cutting-edge scholars, this book addresses legal constitutions of value. Global value production and transnational value practices that rely on exploitation and extraction have left us with toxic commons and a damaged planet. Against this situation, the book examines law's fundamental role in institutions of value production and valuation. Utilising pathbreaking theoretical approaches, it problematizes mainstream efforts to redeem institutions of value production by recoupling them with progressive values. Aiming beyond radical critique, the book opens up the possibility of imagining and enacting new and different value practices. This wide-ranging and accessible book will appeal to international lawyers, socio-legal scholars, those working at the intersections of law and economy and others, in politics, economics, environmental studies and elsewhere, who are concerned with rethinking our current ideas of what has value, what does not, and whether and how value may be revalued.


Book
Human Rights in the Extractive Industries : Transparency, Participation, Resistance
Authors: --- ---
ISBN: 3030113817 3030113825 Year: 2019 Publisher: Cham : Springer International Publishing : Imprint: Springer,

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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.


Book
Human Rights in the Extractive Industries
Authors: --- --- ---
ISBN: 9783030113827 Year: 2019 Publisher: Cham Springer International Publishing :Imprint: Springer

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