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Author : Asif H. Qureshi
Release : 2015
Genre : Business & Economics
Kind : eBook
Book Rating : 298/5 ( reviews)
Book Synopsis Interpreting WTO Agreements by : Asif H. Qureshi
Download or read book Interpreting WTO Agreements written by Asif H. Qureshi. This book was released on 2015. Available in PDF, EPUB and Kindle. Book excerpt: This second edition identifies the problems of interpreting WTO agreements, addressing the legislative developments and updating the case law.
Author : Asif H. Qureshi
Release : 2006-12-07
Genre : Law
Kind : eBook
Book Rating : 83X/5 ( reviews)
Book Synopsis Interpreting WTO Agreements by : Asif H. Qureshi
Download or read book Interpreting WTO Agreements written by Asif H. Qureshi. This book was released on 2006-12-07. Available in PDF, EPUB and Kindle. Book excerpt: This book was first published in 2006. The case law of the World Trade Organization is now extensive, running into over one hundred cases and thousands of pages. The interpretative process involved in this jurisprudence constitutes a form of legislative activity, and is therefore of great significance not only to the parties to disputes, but to the membership of the WTO. Qureshi sets out here to identify some of the underlying problems of interpreting WTO agreements, within the context of different issues, problems, objectives and disciplines, and to comprehensively examine the underlying conditions for the interpretation of WTO agreements. He focuses on: the apparatus of interpretation in the WTO; the manner of interpreting institutional norms, national measures, and exceptions; the manner of facilitating the development objective; the manner of reconciling conflicting norms through interpretation; and finally the manner of interpreting the trade remedies agreements. Various perspectives on interpretation are proffered, particularly that of justice and development.
Author : Isabelle Van Damme
Release : 2009
Genre : Law
Kind : eBook
Book Rating : 237/5 ( reviews)
Book Synopsis Treaty Interpretation by the WTO Appellate Body by : Isabelle Van Damme
Download or read book Treaty Interpretation by the WTO Appellate Body written by Isabelle Van Damme. This book was released on 2009. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes how the Appellate Body uses particular principles of general international law in interpreting the WTO covered agreements. It deals equally with general international law and WTO law. The aim is to explain how the Appellate Body interprets and applies customary international law on treaty interpretation in dealing with the WTO covered agreements. The main concern is to analyze the judicial reasoning and ways of justifying judicial decision-making. In particular, it answers the question of how the Appellate Body explains its reading of WTO treaty language. It is argued that the Appellate Body has interpreted the WTO covered agreements in a contextual and effective manner, an approach that corresponds with general international law. The character of the WTO covered agreements has, nevertheless, confronted the Appellate Body with some questions of interpretation that were until recently unexplored or neglected by other courts and tribunals. In that sense, the Appellate Body has contributed to the development of general international law on treaty interpretation, or at least to its practice. WTO law is primarily treaty law, but increasingly soft law and broader themes and values from other disciplines, such as governance, variable geometry and legitimacy, are introduced and discussed. Customary international law - with the exception of the principles of treaty interpretation - and general principles of law are often seen as excluded entirely. An ancillary theme of this proposed monograph is the extent to which customary international law and general principles of law have penetrated WTO law through the technique of treaty interpretation.
Author : Asif Hasan Qureshi
Release : 2015
Genre : Commercial treaties
Kind : eBook
Book Rating : 662/5 ( reviews)
Book Synopsis Interpreting WTO Agreements by : Asif Hasan Qureshi
Download or read book Interpreting WTO Agreements written by Asif Hasan Qureshi. This book was released on 2015. Available in PDF, EPUB and Kindle. Book excerpt: "The jurisprudence of the World Trade Organization (WTO) is replete with references to Articles 31-2 of the Vienna Convention (VC) on the Law of Treaties. This gospel for interpretation is often the starting-point of judgments in the WTO. Its use in the WTO became established with the Appellate Body (AB) decision in the US-Gasoline case wherein it was pointed out that the general rule of interpretation set out in Article 31 of the VC had attained the status of a rule of customary or general international law. As such, it forms part of the 'customary rules of interpretation of public international law' which the Appellate Body has been directed, by Article 3(2) of the DSU [Understanding on Rules and Procedures Governing the Settlement of Disputes], to apply in seeking to clarify the provisions of the General Agreement and the other 'covered agreements' of the Marrakesh Agreement Establishing the World Trade Organization ... That direction reflects a measure of recognition that the General Agreement is not to be read in clinical isolation from public international law. (Footnotes omitted) This statement is often religiously cited in other WTO cases"--
Author : Liliana E. Popa
Release : 2017-12-29
Genre : Law
Kind : eBook
Book Rating : 888/5 ( reviews)
Book Synopsis Patterns of Treaty Interpretation as Anti-Fragmentation Tools by : Liliana E. Popa
Download or read book Patterns of Treaty Interpretation as Anti-Fragmentation Tools written by Liliana E. Popa. This book was released on 2017-12-29. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates whether treaty interpretation at the ECtHR and WTO, which are sometimes perceived as promoting ‘self-contained’ regimes, could constitute a means for unifying international law, or, conversely, might exacerbate the fragmentation of international law. In this regard, the practice of the ICJ on treaty interpretation is used for comparison, since the ICJ has made the greatest contribution to the development and clarification of international law rules and principles. Providing a critical analysis of cases at the ICJ, ECtHR and WTO, both prior to and since the adoption of the 1969 Vienna Convention on the Law of Treaties, the book reveals how the ECtHR and WTO apply the general rules of treaty interpretation in patterns which are similar to those used by the ICJ to address difficulties in interpreting the text of treaties. Viewed in the light of the ECtHR’s and WTO’s interpretative practices, both the VCLT’s general rules of interpretation and the ICJ’s interpretative practice serve to counteract the fragmentation of international law.
