By Joost Pauwelyn
How do exchange agreements engage with agreements on human rights or the surroundings? In case of clash, which contract may still be triumphant? needs to alternate disputes be tested in simple terms from the attitude of exchange principles or may still account be taken additionally of non-trade values? Joost Pauwelyn considers those questions and divulges how the various principles of foreign legislation engage, by means of procedural guidance while clash happens. This ebook pursuits exchange diplomats, foreign civil servants, legal professionals, NGOs and students of public overseas legislations and overseas exchange legislations.
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Additional info for Conflict of Norms in Public International Law: How WTO Law Relates to other Rules of International Law
Conflict The scope of this work is limited to situations of ‘conﬂict’ between legal norms. The main question is, therefore: when there is a conﬂict between two norms, which of the two norms should be applied? This question relates to the hierarchy of norms in international law. Before suggesting ways to resolve conﬂict of norms, we shall have to deﬁne ﬁrst what is meant by ‘conﬂict’. In many instances, what may 1 2 Wilfred Jenks, ‘Conﬂict of Law-Making Treaties’ (1953) 30 BYIL 401 at 453. When referring to the ‘WTO treaty’ we mean the Final Act Embodying the Results of the Uruguay Round of Multilateral Trade Negotiations, concluded in Marrakesh, Morocco, on 15 April 1994, published in WTO Secretariat, The Results of the Uruguay Round of Multilateral Trade Negotiations, The Legal Texts (Geneva, 1995).
17 18 19 The Explanatory Notes to the Marrakesh Agreement Establishing the WTO (hereafter ‘Marrakesh Agreement’) deﬁne the term ‘country’, as it is used in WTO agreements, ‘to be understood to include any separate customs territory Member of the WTO’. Article XII of the Marrakesh Agreement allows any state or ‘separate customs territory possessing full autonomy in the conduct of its external commercial relations and of the other matters provided for in this Agreement and the Multilateral Trade Agreements’ to accede to the WTO.
It is under these elements that the particular importance of conﬂict in the WTO context becomes apparent. In 1976 Akehurst wrote that ‘the problem of hierarchy of the sources of international law has seldom given rise to difﬁculties in practice’. 30 The move from a law on ‘co-existence’ to a law on ‘co-operation’ First, international law has witnessed a shift from being a law on ‘coexistence’ between sovereign states -- dealing with issues such as territorial sovereignty, diplomatic relations, the law on war and peace treaties -to a law regulating also the ‘co-operation’ between states in pursuit of common goals, such as the law created under the auspices of international trade, environmental and human rights organisations.
Conflict of Norms in Public International Law: How WTO Law Relates to other Rules of International Law by Joost Pauwelyn