Social Labelling and WTO Law
In: Journal of international economic law, Band 5, Heft 3, S. 719-746
ISSN: 1464-3758
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In: Journal of international economic law, Band 5, Heft 3, S. 719-746
ISSN: 1464-3758
In: Legal issues of economic integration: law journal of the Europa Instituut and the Amsterdam Center for International Law, Universiteit van Amsterdam, Band 35, Heft 3, S. 283-294
ISSN: 1566-6573, 1875-6433
In: Texas international law journal, Band 42, Heft 3, S. 371-428
ISSN: 0163-7479
In: Trade and the Environment, S. 373-395
In: Trade and the Environment, S. 353-372
In: Cambridge studies in international and comparative law 181
Since 1995 there has been intense debate about whether the WTO Agreement is just. Many observers point to the association of the treaty with intensive interdependence and the disruptive effects of globalization to assert that it is unjust. Nevertheless, justice in sovereign terms is different from justice in human terms. This book puts forward a theory of WTO law to explain the difference and its implications for the international trading system. It details how economic interdependence gives rise to an interdependent view of the relationship between different forms of justice and to interdependent obligations in WTO law. It also suggests how the WTO dispute settlement system might have a residual value as a locus for transformative outcomes despite contemporary concerns about the system's political acceptability. Taken together, such insights may assist in identifying elements of a general theory of law.
In: Deakin Law Review, Band 19, Heft 2
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Against a common perception of CSR being a business concept without binding legal effect, this article discusses legitimate legal effects of private standards in public international law, using the issue of private labels as "international standards" under WTO law. WTO law shows certain openness for external transnational standards. This article argues that the references to "international standards" in the TBT Agreement can be applied for the selection between competing public or private norms that claim relevance. Thereby, the most legitimate standard for governing the problem at issue should be chosen. This is exemplified with the case of Tuna Dolphin II where the Appellate Body has emphasised the requirement of procedural legitimacy. The article argues that the requirements for legitimate standards depend on the interests at stake and that a private standard can well be more legitimate than a (competing) public standard. As the justifying effect of Article 2.5 TBT mainly interferes with economic interests, a relevant "international standard" may well consist of a representative business standard, e.g. a private label. In contrast, an international standard in the terms of Article 2.4 TBT which interferes with a democratic decision in favour of public interests such as environmental protection must reflect these public interests in a legitimate way. The article concludes that CSR can play an important role in defining legally valid justifying or minimum standards in public international law.
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In: JOURNAL OF WORLD TRADE, Band 42, Heft 2, S. 245-260
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In: in Claudio DORDI (edited), THE ABSENCE OF DIRECT EFFECT OF WTO IN THE EC AND IN OTHER COUNTRIES, The Interuniversity Centre on the Law of International Economic Organizations (CIDOIE), Giappicchelli Editore, Turin 2010, pp. 323-330. ISBN 978-88-348-9623-5
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In: Sustainable Development as a Principle of International Law, S. 305-316
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