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The Concept of Necessity in International Law and the World Trade Organization

2024-05-30 Business & Economics
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Release : 2024-05-30
Genre : Business & Economics
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Book Rating : 005/5 ( reviews)

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Book Synopsis The Concept of Necessity in International Law and the World Trade Organization by : Senai Woldeab Andemariam

Download or read book The Concept of Necessity in International Law and the World Trade Organization written by Senai Woldeab Andemariam. This book was released on 2024-05-30. Available in PDF, EPUB and Kindle. Book excerpt: Like many concepts in international law, the definition of “necessity” varies widely depending on context. The concepts of necessity in different fields of international law can maintain their unique definitions while learning from each other, and thereby achieve coherence. This book presents the evolution of the concept of necessity, and discusses its definitions in nine different fields of international law. Centering customary international law and the law of the World Trade Organization in his analysis, Dr. Senai W. Andemariam examines the potential for interactions and coherence between concepts of necessity in various fields of international law.

The Doctrine of Necessity in International Law

1928 Law
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Release : 1928
Genre : Law
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Book Synopsis The Doctrine of Necessity in International Law by : Burleigh Cushing Rodick

Download or read book The Doctrine of Necessity in International Law written by Burleigh Cushing Rodick. This book was released on 1928. Available in PDF, EPUB and Kindle. Book excerpt: Discusses the extent to which the doctrine of necessity in international law possesses legal validity and also the extent to which lawful limitations may be imposed.

Variations on a Theme

2015
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Release : 2015
Genre :
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Book Synopsis Variations on a Theme by : Andrew D. Mitchell

Download or read book Variations on a Theme written by Andrew D. Mitchell. This book was released on 2015. Available in PDF, EPUB and Kindle. Book excerpt: The concept of 'necessity' is used in many legal systems to delimit permissible measures from prohibited measures where such measures negatively affect the regime's primary values, such as human rights, liberalized trade, and unimpeded use of an investment. International investment tribunals have adopted a variety of approaches to the question of whether a host state measure is 'necessary' to achieve its objective in relation to a number of provisions of investment treaties, including non-precluded measures clauses and fair and equitable treatment. Yet their approaches to this form of analysis are inconsistent and generally not analytically robust. By comparison, WTO tribunals have developed relatively sophisticated methods for analyzing a measure's necessity to achieve its objective in the context of general exceptions, sanitary and phytosanitary measures and technical regulations. The WTO approach generally takes into account a number of factors including the importance of a measure's objective, a measure's effectiveness at achieving that objective, and the availability of alternative measures. Importantly, WTO tribunals generally undertake this analysis with a degree of deference, in recognition of states' right to set their own policy priorities. Investment tribunals could usefully employ aspects of the WTO approach to necessity in the context of both non-precluded measures and the positive obligations of fair and equitable treatment, non-discrimination and non-expropriation. Such an approach would go some way toward the development of a consistent, coherent body of cases in relation to the concept of necessity in international investment law, providing greater certainty for both host states and investors.

Military Necessity in International Cultural Heritage Law

2021-12-13 Law
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Release : 2021-12-13
Genre : Law
Kind : eBook
Book Rating : 566/5 ( reviews)

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Book Synopsis Military Necessity in International Cultural Heritage Law by : Berenika Drazewska

Download or read book Military Necessity in International Cultural Heritage Law written by Berenika Drazewska. This book was released on 2021-12-13. Available in PDF, EPUB and Kindle. Book excerpt: Berenika Drazewska’s book offers a comprehensive scholarly analysis of the current meaning of military necessity in the international legal framework for the protection of cultural heritage during armed conflicts.

Environmental Sovereignty And the WTO

2006 Law
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Release : 2006
Genre : Law
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Book Rating : 662/5 ( reviews)

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Book Synopsis Environmental Sovereignty And the WTO by : Bradly J. Condon

Download or read book Environmental Sovereignty And the WTO written by Bradly J. Condon. This book was released on 2006. Available in PDF, EPUB and Kindle. Book excerpt: The growing body of WTO jurisprudence is of profound significance for the development of the general body of international law. With this in mind, Environmental Sovereignty and the WTO succinctly examines how the WTO law can contribute to achieving coherence between general international law, international environmental law and international trade law and avoid conflicts between trade liberalization and global environmental protection. Professor Condon argues that these three branches of law are generally consistent with each other in the area of international law where they intersect. However, WTO jurisprudence can benefit from a more explicit analysis, provided here, of the way that panel decisions fit into the general framework of international law. No law reforms are currently needed to facilitate this task. As the text shows, it is a matter of using the current WTO rules to resolve conflicts between treaties such as the General Agreement on Tariffs and Trade (GATT) and multilateral environmental agreements (MEAs) and to determine the circumstances in which unilateral trade measures should be permitted. The topics addressed in Environmental Sovereignty and the WTO will be of considerable interest to a broad audience given the global political controversy over American unilateralism, the fairness of WTO rules to poor countries, and the effect of trade rules on efforts to protect the global environment. However, the book addresses these controversial issues without sacrificing academic rigour and will appeal to a scholarly and professional audience seeking new approaches to addressing the problems raised by the globalization of law. Published under the Transnational Publishers imprint.

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