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This book examines one of the most controversial aspects of the world trading system: patents and access to medication, and offers approaches to tackle the issue of how to better accommodate human rights in the trading system.
This book reveals the many harms which flow across the ever-more porous sovereign borders of a globalising world. These harms expose weaknesses in the international legal regime built on sovereignty of nation states. Using the Trail Smelter Arbitration, one of the most cited cases in international environmental law, this book explores the changing nature of state responses to transboundary harm. Taking a critical approach, the book examines the arbitration's influence on international law generally, and international environmental law specifically. In particular, the book explores whether there are lessons from Trail Smelter that are useful for resolving transboundary challenges confronting the international community. The book collects the commentary of a distinguished set of international law scholars who consider the history of the Trail Smelter arbitration, its significance for international environmental law, its broader relationship to international law, and its resonance in fields beyond the environment.
In the wake of the Great Recession of 2008–09, economists feared that protectionist policies might sweep the world economy, echoing the wave of tariff escalations during the Great Depression of the 1930s. To some surprise, officials were more restrained and largely avoided traditional forms of protection (tariffs and quotas), leading some observers to underestimate the incidence of new protectionism. In fact, policymakers increasingly turned to more opaque behind-the-border nontariff barriers (NTBs). Using a combination of statistical analysis and case studies, the authors show that local content requirements (LCRs), a form of NTB, have become increasingly popular. How much was global trade actually reduced on account of LCRs? A conservative estimate might be $93 billion. Case studies featured cover the healthcare sector in Brazil, wind turbines in Canada, the automobile industry in China, solar cells and modules in India, oil and gas in Nigeria, and “Buy American” restrictions on government procurement in the United States.
This Liber Amicorum, dedicated to Judge Rüdiger Wolfrum of the International Tribunal for the Law of the Sea, highlights paradigmatic changes in international law, a body of law which moved during the 20th century from a law of coexistence to one of cooperation and which is now about to reflect notions of solidarity going even beyond cooperative undertakings. This leitmotif of Rüdiger Wolfrum’s academic research and judgeship is represented in a comprehensive collection of essays by eminent scholars and practitioners of international law covering specific aspects of international law, including law of the sea, human rights, international environmental law, international dispute settlement, peace and security, global governance and domestic law. With its multifaceted and comprehensive overview of the evolution of international law in recent years and detailed study of current challenges this collection is a unique source of insight for all those interested in this fascinating field of law.
Economic, social, and cultural rights are protected by an international covenant, recently amended by the optional protocol which allows individuals to bring rights violations before a UN committee. This book addresses how successfully these rights are implemented and safeguarded worldwide, assessing the key challenges to their protection.
This volume deals with the GATT 1994 and all related agreements, which include those on Agriculture, Textiles and Clothing, Trade-Related Investment Measures, Implementation of Article VII GATT 1994, Preshipment Inspection, Rules of Origin, Import Licensi
Examines the role and impact of human rights norms in international courts other than human rights courts
The "Max Planck Commentaries on World Trade Law" explain the whole range of world trade law in seven individual article-by-article type commentaries. While the first volume ("WTO - World Economic Order, World Trade Law") serves as a nutshell-type introduction to the WTO, the remaining six volumes focus on specific aspects of WTO law. The second volume ("WTO - Institutions and Dispute Settlement") brings together the WTO institutional fundamentals and the whole dispute settlement. The third volume ("WTO - Technical Barriers and SPS Measures") deals with the most controversial provisions on technical standards, protection of health and environment. The fourth volume ("WTO - Trade Remedies") is devoted to the very specific area of antidumping, subsidies and safeguards. The fifth volume ("WTO - Trade in Goods") comments on the substantial trade in good rules of the GATT/WTO. Eventually, the sixth and seventh volume ("WTO - Trade in Services" and "WTO - Trade-Related Aspects of Intellectual Property Rights") deal with intellectual property rights and trade in services rules respectively.
This book provides a reappraisal of the role of nationality in international law, taking into account recent trends and developments. The book features contributions from a range of experts offering a variety of approaches to the topic. Within public international law the book explores nationality in relation to a number of key topics including: nationality as a human right; statelessness in the context of state succession; diplomatic protection and trade in services. While most of the contributions address public international law the book also considers the evolving role of nationality in private international law as well as issues surrounding nationality and regional integration.
This is a comprehensive overview of the law and practice of the World Trade Organization. It begins with the institutional law of the WTO, moving eventually to the consequences of globalization. New chapters on Trade in Agriculture and on Government Procurement and Trade.