Suchergebnisse

What does justice demand in international trade regulation? And how far does World Trade Organization (WTO) law respond to those demands? Whether our focus is developing countries, struggling industries, or environmental protection, distributive conflict is a pervasive feature of international economic law. Despite this, we lack an adequate theory of distributive justice for this domain. Drawing on philosophical approaches to global justice, this book advances a novel theory of justice in trade regulation, and applies this to explain and critique the law of the WTO. Integrating theoretical and doctrinal approaches, it demonstrates the potential for political theory to illuminate and inform the progressive development of WTO law, including rules on border measures, discrimination, trade remedies and domestic regulation. Written from an interdisciplinary perspective, accessible to lawyers, philosophers and political scientists, the book will appeal both to theorists interested in building bridges from theory to practice, and practitioners seeking new perspectives on existing problems

Refines the commonly used definition of regimes and elucidates the major hypotheses of structural realism. Systematically describes the strength and nature of the international commodity trade regime, and analyses their development in terms of the major hypotheses of structural realism. The hypotheses are supported by the analysis of what is a relatively weak international regime. (Abstract amended)

Studies of international regimes have sought to describe international collaborative arrangements in more systematic terms than in the past, and to analyze their development in terms of major schools of international relations theory. This article refines the commonly used definition of regimes and elucidates the major hypotheses of one theoretical school, structural realism. The strength and nature of the international commodity trade regime are systematically described, and their development is analyzed in terms of the major hypotheses of structural realism. In large part, these hypotheses are supported by the analysis of what is a relatively weak international regime.

During the past year, the United States Supreme Court, in two decisions of significance, refused to summarily censure conduct having legitimate, procompetitive benefits. In similar fashion, the United States Court ofAppeals for the Fourth Circuit continued to scrutinize antitrust claims, rejecting those failing to measure up to pleading and proof requirements, while also reaffirming the vitality of the state action immunity doctrine as a bar to those that did. Meanwhile, Virginia's federal district courts grappled with time worn conspiracy challenges to medical staff privileging decisions, while simultaneously forging new ground in one of the first cases to consider market definition in the realm of electronic commerce over the Internet.

The controversial issue of genetically modified (GM) food is discussed in this book. While the United States (US) is a strong supporter of GM technology having adopted a rather lax regulation of trade with GM products, the European Union (EU) is representing a sceptical position towards this new technology and has even imposed a de facto moratorium on further approval of GM products from 1998 to 2004. The purpose of this book is an extensive analysis of the current status on risks and benefits of genetically modified organisms (GMOs) and a suggestion on how an appropriate regulation of GM products could be derived. Potential guidelines are provided for policy formulation both in a qualitative and in a quantitative dimension. The US is applying the principle of substantial equivalence, which means that GM products are in their substance identical to products produced by conventional methods. Therefore, no new regulations are necessary for the trade with GM products. In contrast, the European Union (EU) disagrees that GM products are equivalent to their conventional counterparts due to the different production process. Instead, the EU refers to the precautionary principle in its GMO policy, meaning that trade with GM products should be restricted until it will be proven that no additional risks are implied by the use of these products. The divergence of opinions about the right policy to regulate GM products has significant impacts on trade flows and welfare effects. The US and the EU have already tried to resolve their dispute before the World Trade Organization (WTO). Relevant laws of the General Agreement on Tariffs and Trade (GATT) and the WTO are presented as well as indications for a potential consensus.

Defence date: 1 December 2014 ; Examining Board: Professor Ernst Ulrich Petersmann, EUI (Supervisor); Professor Petros C. Mavroidis, Columbia Law School and EUI (Internal Advisor); Professor Adriana Dreyzin de Klor, University of Cordoba (External Supervisor); Professor Thomas Cottier, World Trade Institute and University of Bern. ; As indicated in the title, this thesis examines access to justice in multilevel trade regulation with a focus on Brazil, the "Common Market of the South" (MERCOSUR) and the World Trade Organization (WTO). Given that there is a direct link between the MERCOSUR and the European Union (EU), because the former is in several aspects comparable to the European Economic Community (EEC) and even the European Communities (EC), the research comprises a comparative legal analysis among four legal systems: (1) the Brazilian, (2) the MERCOSUR, (3) the EU and (4) the WTO. In order to achieve this goal, it employs legal texts, case law and scholarship in different languages (i.e., English, German, Portuguese and Spanish) and from different jurisdictions. While on the one hand it endeavours to explain the problems of access to justice in multilevel trade regulation and how they may be managed, on the other hand it intends to identify what access to justice and rule of law mean in the context of conflicts between the Brazilian, MERCOSUR and WTO jurisdictions. The thesis is structured into six main chapters, as follows: (I) the Constitutional Dimension of Access to Justice, (II) the Legislative Dimension of Access to Justice, (III) the Brazilian Dimension of Access to Justice, (IV) the MERCOSUR Dimension of Access to Justice, (V) the WTO Dimension of Access to Justice and (VI) the Final Conclusions. It begins by clarifying the author's personal understanding of what access to justice is. Then, it argues that the background of multilevel judicial protection is essentially formed by the proliferation of international courts and tribunals in general and, specifically to trade, the proliferation of regional trade agreements and free trade agreements, which very often include some form of dispute settlement system. Accordingly, divergent or even conflicting rulings regarding the same dispute and/or the same or similar legal issue are possible. The research undertaken extends, therefore, Mauro Cappelletti's world famous comparative legal research on access to justice. Furthermore, by expanding the work of the Italian jurist into the field of international economic law and establishing links to EU law, human rights, constitutional law, constitutionalism and rule of law, among others, this thesis also argues that constitutionalism is an effective mechanism for limiting abuses of power and protecting human rights, and is a way of connecting diverse regimes.