Preliminary Material /Mary E. Footer -- Introduction /Mary E. Footer -- I Organisational and Institutional Aspects /Mary E. Footer -- II the Dynamics of a Regime /Mary E. Footer -- III Decision-making /Mary E. Footer -- IV Principal Rule-making /Mary E. Footer -- V Subsidiary Rule-making /Mary E. Footer -- Conclusions /Mary E. Footer -- Bibliography /Mary E. Footer -- Index /Mary E. Footer.
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Aims to establish a framework for analysis of the institutional and normative character of the WTO by locating the organization in a broader theory of international institutional law and in determining the basis for the conferral and exercise of powers in relation to its executive, legislative and adjudicative functions.
In: Legal issues of economic integration: law journal of the Europa Instituut and the Amsterdam Center for International Law, Universiteit van Amsterdam, Band 40, Heft 4, S. 375-380
In: Legal issues of economic integration: law journal of the Europa Instituut and the Amsterdam Center for International Law, Universiteit van Amsterdam, Band 29, Heft 1, S. 7-25
The basic premise of this article is that GATS negotiations are moving along a completely different track and time frame to the other WTO subject matter, which forms part of the Doha Round, and are best considered as part of a work-in-progress. This article identifies some of the key conceptual, methodological and systemic issues that WTO Members face in negotiating on trade in services. These include the fact that the template for trade in goods is conceptually ill suited to the development of trade in services and gives rise to problems of market access and the scheduling of services' commitments as well as the phasing out of MFN exemptions. From a methodological point of view, there is a dearth of adequate information on services combined with the unresolved issues of classification and scheduling of specific and horizontal commitments. Moreover, negotiations on trade in services are made more difficult by the need for Members to give effect to measures of autonomous liberalisation. Finally, Members are faced with systemic issues because they must continue to work on ongoing built-in agenda items such as domestic regulation, the development of additional GATS rules and the negotiation of new sectoral annexes or review of existing ones, without which the results of negotiations cannot be fully appreciated.
The most striking aspect of the new World Trade Organization (WTO)' is the extent to which it preserves and consolidates the body of law and practice which has evolved out of the development of the General Agreement on Tariffs and Trade (GATT)2 and related instru- ments. Such preservation and consolidation is deliberate as the pre- amble to the Marrakesh Agreement Establishing the World Trade Organization (Marrakesh Agreement) makes clear.3 The mechanism chosen for the transition from the GAT-T to the WTO was designed to provide a degree of continuity, stability and thereby predictability in the multilateral trading system. Its occurrence is due, in no small measure, to the active role of the GATT Secretariat in pursuing this initiative and to the willingness of representatives of governments and the European Communities, present at the close of the Uruguay Round of Multilateral Trade Negotiations at Marrakesh, to agree to it. The Marrakesh Agreement is all the more extraordinary because the antecedent of GATT law and practice was not a succession of one international organization by another international organization nor of treaty succession. Instead, the GATT 1947 - the GAIT which came into force on 1 January 19484 - was integrated into the WTO Agreement, as part of the GATT 1994. The GATT 1994 contains the text of the old GATT 1947, together with all its amendments, correc- tions, decisions and so on, to which were added six understandings and a protocol (consisting of new tariff schedules).5
"The European Society of International Law (ESIL) is known for its particularly dynamic character. After 10 years of existence it has proved that it is one of the most cutting-edge scholarly associations in the field of public international law. At its 10th Anniversary Conference in September 2014, which was held in Vienna, participants assembled in order to discuss 'International law and ...', the proceedings of which are published here. Going beyond the usual related disciplines of political science, international relations, economics and history, this conference ventured into less well-trodden paths, exploring the links between international law and cinema, philosophy, sports, the arts and other areas of human endeavour. As the proceedings show, it is clear that international law has long been influenced by other fields of law and other disciplines. They also explore whether the boundaries of international law have been crossed and, if so, in what ways."--Bloomsbury Publishing
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