276 research outputs found

    Equity and equitable principles in the World Trade Organization ::addressing conflicts and overlaps between the WTO and other regimes /

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    "This book analyses whether, and how, equity and equitable principles can be employed as juridical tools in the legal reasoning of judges and lawyers in World Trade Organization (WTO) disputes where there is interaction between norms derived from the multilateral trade regime and other international legal regimes. Bringing the literature on equity and equitable principles in international law up to date this book tackles several legal problems which have emerged in WTO dispute settlement practice as well as engaging with the concept of the fragmentation of international law. The book provides an original argument about the role and significance of equity and equitable principles in the debate over fragmentation by providing a coherent methodology for addressing conflicts and overlaps between WTO and non-WTO norms in the context of Dispute Settlement Body proceedings. "--"There has been little comprehensive treatment of the role of equity and equitable principles in WTO Dispute Settlement Body (DSB) proceedings. This lack is especially important in WTO disputes where normative overlaps and conflicts occur between the multilateral trade regime and other specialized international regimes. This book analyses whether and how equity and equitable principles can be employed as juridical tools in the legal reasoning of judges and lawyers in World Trade Organization (WTO) disputes. It especially focuses on challenges posed by fragmentation in international law, and asks how equity and equitable principles constitute a 'toolbox' capable of addressing these in WTO dispute settlement within this context. Anastasios Gourgourinis provides a coherent methodology for addressing conflicts and overlaps between WTO and non-WTO norms in the context of Dispute Settlement Body proceedings. As a work which explores both the potential role of equity and equitable principles in dispute settlement, and the effects of fragmentation in international law, this book will be of great interest and use to researchers and students in international trade and economic law, public international law, and international political economics"-

    The foundations of International economic order in the age of state capitalism

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    The present chapter is premised on the assumption that the promotion of liberal market values is an important objective of the international economic order, but that so too is (and will be) the preservation of institutional diversity and the capacity for institutional innovation, against which it has always to be balanced. A number of different international rules may apply to state enterprises. After situating state enterprises in the contemporary international legal system looking particularly at economic relations among states, this chapter will focus on the main challenges to regulation that government influence on state enterprises’ activities poses to the two areas of international trade law and international investment law in light of their foundational principles and common subtext

    Editorial

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