Sovereignty, the WTO, and Changing Fundamentals of International Law

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Cambridge University Press, 27 մրտ, 2006 թ.
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The last decade of the twentieth century and the first decade of the twenty-first century has been one of the most challenging periods for the generally accepted assumptions of international law. This book, first published in 2006, grapples with these long-held assumptions (such as the consent basis of international law norms, equality of nations, restrictive or text-based treaty interpretations and applications, the monopoly of internal national power, and non-interference), and how they are being fundamentally altered by the forces of globalization. It also examines the challenges facing the WTO as a component of international economic law, and how that field is inextricably linked to general international law.
 

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24 International economic law
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3
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sidiarity concepts environment and externalities questions environment
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Another aspect of the decision involving values relating to the
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4
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To realize all the gains from trade
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With these policy building blocks in mind we can now
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b The flawed constitutional beginnings of GATT5
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States a requirement of case or controversy exhaustion of remedies
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and often held out as considerably better than most treaty
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concerns to the deliberations and when completing their service as
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through changes in the rules of the DSU for a
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6
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todays globalized world many international norms have very profound
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burden of proof prima facie case procedures for fact finding
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7
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c GATT and the Protocol of Provisional Application
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e The Uruguay Round
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available and there have been some attempts to gather unofficial
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January 2005 about some of these challenges58 More will be
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Annex 4 contains agreements called Plurilateral which are supposedly
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activities of international organizations These principles can include some
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through the decades of their existence but has also given
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comparison of
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international endeavor parliamentarians from different governments are
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5
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jurisprudential issues that affect the way in which the DSS
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could object defeat the consensus and thus block the adoption
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a Undo harm done by the respondent to redress the
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argument now that as tight as the schedules are in
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and appellate stages in a case about underwear The United
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to governments to help them persuade their constituents to do
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system It could be that there are checks and balances
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54 The current structure and operation of the WTO dispute
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to settle a dispute within sixty days after the request
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Consequently that raises the question of what is practice under
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c Standard of review
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nor is it appropriate to have a complete de novo
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75 Health globalization and international institutions
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Outline of the Uruguay Round
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Notes
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3 19
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Karen J Greenberg Joshua L Dratel eds The Torture
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Restatement describes customary law as resulting from a general and
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Hauptzollamt Hamburg Case 9271 1972 ECR 231 para 6 ECJ
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a new approach to an outdated concept
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17 Gerard Kreijen The Transformation of Sovereignty and African
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Chapter 7 supra particularly sections 77 and 78 See also
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11 Gabriel Margeau Pratique et Pratiques dans le Droit
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5 The WTO dispute settlement system
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29 Art 176 DSU
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222 Sanford E Gaines Processes and
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61 Introduction to Part III and Chapter 6
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Commission Analysis of current practice and proposals for tackling
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institutional detail and dynamic
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31 See Lawrence O Gostin Center for Law and
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8 Paul Kennedy The Eagle Has Landed Financial Times London
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Index
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John H. Jackson is a Professor of Law at the Georgetown University Law Center.

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