Get Conflict of Norms in Public International Law: How WTO Law PDF

By Joost Pauwelyn

ISBN-10: 0511062397

ISBN-13: 9780511062391

ISBN-10: 052110047X

ISBN-13: 9780521100472

ISBN-10: 0521824885

ISBN-13: 9780521824880

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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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.

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Conflict of Norms in Public International Law: How WTO Law Relates to other Rules of International Law by Joost Pauwelyn

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