Holger Hestermeyer – författare

The international trading system has come under increasing attack by activists as being in conflict with human rights law. Others have defended the system as contributing more to the fulfilment of human rights than many other areas of international law. This study examines the alleged conflict of WTO law with international human rights law, using one of the most prominent examples of such a conflict: that between international patent law, ie the TRIPS Agreement, and access to medication as guaranteed eg by the International Covenant on Economic, Social and Cultural Rights. This highly controversial political issue of the appropriate use of international patent law on life saving medicines gained the world's attention during the discussion about the price of AIDS medication, but recent instances also include the availability of the patented medication for bird flu and for anthrax. The book discusses both the patent law and the international human rights law involved in great depth, distinguishing between obligations under different human rights instruments and including a highly readable introduction into both areas of law. It then explains the concept of conflict between legal regimes and why patent law and human rights law are in conflict. The current state of international law on the conflict between legal regimes and the origin of such conflicts is analyzed, covering such issues as hierarchy in international law and introducing the concept of 'factual hierarchy'. The book then turns to the role of human rights law in the WTO system, concluding that such law currently is limited to aiding the interpreting of the WTO agreements. It shows how a further integration of human rights law could be achieved and describes the progress made towards accommodating human rights concerns within the TRIPS Agreement, culminating in the first ever decision to amend a core WTO Agreement in December 2005.

The interrelation between different fields of public international law has particular relevance for the systematic understanding of international law. The book contains a collection of essays on the law of the sea and its interdependencies with other current legal issues of global importance. The issue of the relationship between global warming and law of the sea matters are one focus. In a second thematic section the collection addresses the global commons. The third part deals with security issues. The recent increase in piracy activities has shown the relevance of discussing the linkage between the law of the sea and security issues.

The interrelation between different fields of public international law has particular relevance for the systematic understanding of international law. The book contains a collection of essays on the law of the sea and its interdependencies with other current legal issues of global importance. The issue of the relationship between global warming and law of the sea matters are one focus. In a second thematic section the collection addresses the global commons. The third part deals with security issues. The recent increase in piracy activities has shown the relevance of discussing the linkage between the law of the sea and security issues.

The interrelation between different fields of public international law has particular relevance for the systematic understanding of international law. The book contains a collection of essays on the law of the sea and its interdependencies with other current legal issues of global importance.

The GATT is the historical origin of the World Trade Organization and to this day remains one of its core agreements. In force for over 60 years its rules have provided a framework for trade in goods which has seen such trade grow to unprecedented size. The Agreement has been referred to in roughly 200 disputes initiated under GATT 1947 and many of the currently roughly 400 WTO disputes. Its provisions have inspired similar rules in many other agreements. A thorough knowledge of the GATT is indispensable for practitioners and scholars alike.Article-by-article this volume explains the GATT 1994, its Introductory Note and Annexes, the Understandings on Arts II:1 lit. b, XVII, XXIV and XXVIII GATT, the Understandings on Balance-of-Payments Provisions and Waivers of Obligations, the Enabling Clause and the Waiver on Preferential Tariff Treatment for Least-Developed Countries. It also covers the Agreements on Customs Valuation, Preshipment Inspection and Rules of Origin. The format allows the reader quick and easy access and reference both with respect to provisions which would otherwise require the parsing of innumerable documents and with respect to provisions hitherto neglected. Written by distinguished practitioners and scholars, the volume is an indispensable reference work for everyone working on or interested in international trade; trade practitioners, diplomats, scholars and activists alike.

Para el Departamento de Derecho Económico de la Universidad Externado de Colombia y la Red Latinoamericana de Derecho Económico Internacional es muy grato presentar las memorias de la primera Conferencia Bianual de Derecho Económico Internacional, evento que sin duda construyó espacios de discusión y reflexión en torno a temas vitales y actuales de la integración latinoamericana. En esta publicación se compilan los artículos y debates más importantes presentados durante la conferencia en el campo del derecho económico internacional. Una mirada al índice mostrará el amplio espectro de temas y especialistas que con claridad presentan sus aportes teóricos en el desarrollo de los seis capítulos del libro, convirtiéndose en una magnífica herramienta de actualización para profesionales e investigadores que, de una u otra manera, tienen contacto con esta rama del derecho.