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Positive Integration - EU and WTO Approaches Towards the "Trade and" Debate

2019-10-24 Law
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Release : 2019-10-24
Genre : Law
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Book Rating : 626/5 ( reviews)

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Book Synopsis Positive Integration - EU and WTO Approaches Towards the "Trade and" Debate by : Rike Krämer-Hoppe

Download or read book Positive Integration - EU and WTO Approaches Towards the "Trade and" Debate written by Rike Krämer-Hoppe. This book was released on 2019-10-24. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a new framework for the 'trade and environment' debate and discusses the ways in which the EU and the WTO address this topic: positive, negative and non-integration. It analyses areas like food safety and renewable energy from the perspectives of legal and political science, and economics, and includes contributions focusing on various approaches, such as harmonisation, regulatory cooperation and judicialisation. In the 21st century, especially in our current times, where free trade and economic integration are increasingly being called into question, it is even more vital to find convincing normative answers and ways to address the very complex relationship between trade and environmental policies. Debunking some of the myths concerning positive and negative integration and the relationship between the two, this book is a valuable contribution to the debate on globalisation.

Coherence of the European Union Trade Policy with the EU's Non-Trade Objectives

2023-10-31 Law
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Release : 2023-10-31
Genre : Law
Kind : eBook
Book Rating : 157/5 ( reviews)

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Book Synopsis Coherence of the European Union Trade Policy with the EU's Non-Trade Objectives by : Miriam Manchin

Download or read book Coherence of the European Union Trade Policy with the EU's Non-Trade Objectives written by Miriam Manchin. This book was released on 2023-10-31. Available in PDF, EPUB and Kindle. Book excerpt: Investigates the coherence between the EU's trade policy and its non-trade objectives from legal, political, and economic perspectives.

Environmental Human Rights in the Anthropocene

2023-02-28 Law
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Release : 2023-02-28
Genre : Law
Kind : eBook
Book Rating : 014/5 ( reviews)

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Book Synopsis Environmental Human Rights in the Anthropocene by : Walter F. Baber

Download or read book Environmental Human Rights in the Anthropocene written by Walter F. Baber. This book was released on 2023-02-28. Available in PDF, EPUB and Kindle. Book excerpt: Human rights and environmental protection are closely intertwined, and both are critically dependent on supportive legal opportunity structures. These legal structures consist of access to the courts; 'legal stock' or the set of available standards and precedents on which to base litigation; and institutional receptiveness to potential litigation. These elements all depend on a variety of social, political, and economic variables. This book critically analyses the complexities of uniting human rights advocacy and environmental protection. Bringing together international experts in the field, it documents the current state of our environmental human rights knowledge, strategically critical questions that remain unanswered, and the initiatives required to develop those answers. It is ideal for researchers in environmental governance and law, as well as interested practitioners and advanced students working in public policy, political science and environmental studies.

Shadow Negotiators

2023-02-07 Business & Economics
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Release : 2023-02-07
Genre : Business & Economics
Kind : eBook
Book Rating : 507/5 ( reviews)

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Book Synopsis Shadow Negotiators by : Matias E. Margulis

Download or read book Shadow Negotiators written by Matias E. Margulis. This book was released on 2023-02-07. Available in PDF, EPUB and Kindle. Book excerpt: Shadow Negotiators is the first book to demonstrate that United Nations (UN) organizations have intervened to influence the discourse, agenda, and outcomes of international trade lawmaking at the World Trade Organization (WTO). While UN organizations lack a seat at the bargaining table at the WTO, Matias E. Margulis argues that these organizations have acted as "shadow negotiators" engaged in political actions intended to alter the trajectory and results of multilateral trade negotiations. He draws on analysis of one of the most contested issues in global trade politics, agricultural trade liberalization, to demonstrate interventions by four different UN organizations—the Food and Agriculture Organization (FAO), the World Food Programme (WFP), the Office of the High Commissioner for Human Rights (OHCHR), and the Special Rapporteur on the Right to Food (SRRTF). By identifying several novel intervention strategies used by UN actors to shape the rules of global trade, this book shows that UN organizations chose to intervene in trade lawmaking not out of competition with the WTO or ideological resistance to trade liberalization, but out of concerns that specific trade rules could have negative consequences for world food security—an outcome these organizations viewed as undermining their social purpose to reduce world hunger and protect the human right to food.

International Investment Law and the Law of the European Union

2024-07-15 Law
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Release : 2024-07-15
Genre : Law
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Book Rating : 187/5 ( reviews)

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Book Synopsis International Investment Law and the Law of the European Union by : Xaralampos Tagaroulias

Download or read book International Investment Law and the Law of the European Union written by Xaralampos Tagaroulias. This book was released on 2024-07-15. Available in PDF, EPUB and Kindle. Book excerpt: International Arbitration Law Library The fragility of the relationship between international law and European Union (EU) law comes to the fore when a dispute arises between an EU Member State and a multinational corporate investor. This book analyzes the legislative and jurisprudential backbone affecting both policy and practice in this area, showing in the process how both the autonomy of the EU legal order and the sovereignty of Member States can be strengthened through a common investor protection policy inside the EU with an efficient adjudication mechanism promised by the EU’s “new generation” agreements. With a thorough analysis of the parameters that the Court of Justice of the European Union (CJEU) and investor-State dispute settlement (ISDS) arbitral tribunals have set for the interplay between EU law and international investment law, the following salient issues and topics and more are covered: operation of the EU’s exclusive competence regarding foreign direct investment; EU rules on capital movements related to investments; potential conflicts between EU law and extra-EU bilateral investment treaties; intra-EU bilateral investment treaties viewed from the perspectives of both international and EU law primacy; role of arbitral tribunals in intra-EU dispute settlement and ramifications in the light of applicable law; and problems arising when the lex arbitri in the proceedings is the law of a non-EU state. The relevant jurisprudence of the CJEU is analyzed against ISDS case law, and detailed attention is paid to scholarship in the relevant fields. The author presents substantial and procedural solutions that will prevent the violation of EU law without sacrificing the substantial protection that arbitration provides for the protection of investments. The book goes largely beyond existing literature and is the first to jointly address EU law, international investment law, and integration theories with actionable solutions. It will allow all concerned with international judicial decision-making to acquire an arsenal of available normative responses to issues raised by EU law’s autonomy, primacy of EU law, EU competences, international EU responsibility, compatibility of ISDS with EU law, and other issues, addressing all the challenges likely to be raised in arbitral or court proceedings. Practitioners will discover viable ways to identify, prevent, or resolve legal impasses stemming from the overlap of EU law and other international law regimes when structuring an investment inside the EU.

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