Suchergebnisse

The topic and its importance: conflict of norms in public international law -- The case study: the law of the World Trade Organization -- Hierarchy of sources -- Accumulation and conflict of norms -- Conflict-avoidance techniques -- Resolving 'inherent normative conflict' -- Resolving 'conflict in the applicable law' -- Conflict of norms in WTO dispute settlement -- Conclusions

This paper addresses German energy policy instruments and their compatibility with WTO rules. Germany and the EU are forerunners in international climate change policy and driving forces behind the 1997 Kyoto Protocol. German energy policy includes approaches to foster electricity generation from renewable resources. Our major question is whether both the policy tools currently applied (standards, taxes and subsidies) and those under consideration (labels, green certificates and border tax adjustment) are compatible with WTO rules. Our findings are that currently neither the design nor the application of the policy instruments are in conflict with WTO rules. However, the setting of production standards for electricity supply is the crucial issue in this debate and if trade in electricity increases, so will the potential for conflict. Rejecting imports because of the way electricity was produced could lead to disputes and to a need for settlements by the WTO legal system. Moreover, when introducing tools like green certificates or border tax adjustments, it is important to find the balance between effectively fostering the reduction of global emissions and eligibility under WTO law.

The role of science in government & public health risk assessment is increasingly an issue of heated transatlantic debate that appears to be bilateral, but is international in scope with potential legal, economic, & social ramifications for all WTO governments & industries. While the EU takes a "better safe than sorry" approach toward assessing a variety of uncertain health & environmental risks, the US evaluates risks on an empirically driven, scientifically based case-by-case basis, where safety factors & often economic cost-benefit analyses are utilized. The approach of the EU has been developed into a precautionary principle that is being introduced at the international level. Although the US acknowledges the rights of governments to implement precautionary measures, it does not recognize a precautionary principle as an international norm that may be considered in the resolution of WTO disputes. Although this debate may appear to be motivated by economic competition, definition of the role of "sound science" & cultural preference are at issue on a more fundamental ideological & political level. Unfortunately, it is the developing members of the WTO who seem to be forgotten in this debate. L. Kehl

This book was the first in a groundbreaking series of annual volumes utilized in the development of an American Law Institute (ALI) project on World Trade Organization Law. The project undertakes yearly analysis of the case law from the adjudicating bodies of the WTO. The Reporters' Studies for 2001 cover a wide range of WTO law ranging from classic trade in goods issues to intellectual property protection. Each of the cases is jointly evaluated by an economist and a lawyer, both well-known experts in the field of trade law or international economics. The Reporters critically review the jurisprudence of WTO adjudicating bodies and attempt to evaluate whether the ruling 'makes sense' from an economic as well as a legal point of view, and, if not, whether the problem lies in the interpretation of the law or the law itself. The Studies do not always cover all issues discussed in a case, but they seek to discuss both the procedural and the substantive issues that form the 'core' of the dispute

This book was the first in a groundbreaking series of annual volumes utilized in the development of an American Law Institute (ALI) project on World Trade Organization Law. The project undertakes yearly analysis of the case law from the adjudicating bodies of the WTO. The Reporters' Studies for 2001 cover a wide range of WTO law ranging from classic trade in goods issues to intellectual property protection. Each of the cases is jointly evaluated by an economist and a lawyer, both well-known experts in the field of trade law or international economics. The Reporters critically review the jurisprudence of WTO adjudicating bodies and attempt to evaluate whether the ruling 'makes sense' from an economic as well as a legal point of view, and, if not, whether the problem lies in the interpretation of the law or the law itself. The Studies do not always cover all issues discussed in a case, but they seek to discuss both the procedural and the substantive issues that form the 'core' of the dispute