Suchergebnisse

Gas transit is network-dependent and it cannot be established without the existence of pipeline infrastructure in the territory of a transit state or the ability to access this infrastructure. Nevertheless, at an inter-regional level, there are no sufficient pipeline networks allowing gas to travel freely from a supplier to the most lucrative markets. The existing networks are often operated by either private or state-controlled vertically integrated monopolies who are often reluctant to release unused pipeline capacity to their potential competitors. These obstacles to gas transit can diminish the gains from trade for states endowed with natural gas resources, including developing landlocked countries, as well as undermine WTO Members' energy security and their attempts at sustainable development. This book explains how the WTO could play a more prominent role in the international regulation of gas transit and promote the development of an international gas market

World trade institute. Working papershttp://doc.rero.ch/record/28369?ln=fr ; For the last fifteen years or so, the democratic deficit of Word Trade Organization (WTO)\textquoterights law has been a recurrent and dominant concern among international economic lawyers and international relations specialists alike. The impact of those debates on the democratic deficit of the WTO has been surprisingly limited, however. This may be explained, the paper argues, by the way in which the debates have been conducted. To start with, recent discussions of the democratic legitimacy of WTO law have taken place in isolation of those pertaining to that of international law in general, as if it were possible to enhance the democratic legitimacy of the WTO regime without considering that of other international law regimes at the same time. Furthermore, discussions of the democratic legitimacy of WTO law focus almost exclusively on what can be done at the level of international institutions, without reference to domestic democratic processes that transpose and enforce WTO law, and how those subject to both WTO law and domestic law can participate in them. Finally, the way authors usually proceed is by identifying and isolating certain democratic building blocks within (domestic) democratic theory or practice which they then re-assemble in different ways and add to the WTO institutional structure, hoping thereby to \textquoteleftdemocratize\textquoteright WTO lawmaking. The problem with those approaches to what the paper calls \textquoteleftfast-food democracy\textquoteright is that they are oblivious to the most important element in democracy: its subjects. Those subjects are also subjects to other norms of international law and to other norms of domestic law whose legitimacy is therefore better approached as a whole, and it is by reference to their political equality that reforms of WTO law-making processes may be devised most successfully.

Diese Dissertation untersucht die Container Security Initiative, eine Sicherheitsmaßnahme der U.S. Zoll- und Grenzschutzbehörde, die als Ziel hat, den Containerverkehr zwischen den Vereinigten Staaten und ihren Handelspartnern vor terroristischen Angriffen zu schützen. Schwerpunkt der Untersuchung ist die Frage, ob die Container Security Initiative mit den Verpflichtungen der amerikanischen Regierung nach dem WTO Recht vereinbar ist. Weiterhin wird gefragt, ob sich im Falle eines Verstoßes gegen die Rechtsvorschriften die Container Security Initiative aufgrund der vorhandenen Ausnahmen in den WTO Abkommen rechtfertigen lässt. ; This dissertation investigates the Container Security Initiative, a security measure of the US Customs and Border Protection Bureau that aims to protect container traffic between the United States and its trade partners against terrorist attacks. The focal point of the investigation is the question whether the Container Security Initiative is compatible with the obligations of the American government under WTO law. Furthermore, the dissertation deals with the question whether the Container Security Initiative can be justified on the basis of the available exceptions in the WTO agreements in the case of infringement.