Lukasz Gruszczynski – författare
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6 produkter
6 produkter
2 628 kr
Skickas inom 5-8 vardagar
The 1995 WTO Agreement on Sanitary and Phytosanitary Measures (SPS) is concerned with trade and food safety regulation, and with the regulation of pests and diseases in agriculture. It establishes legal standards while affirming the right of each member to choose its own level of SPS protection. However, the question of whether the balance has been properly struck remains a matter of ongoing debate.The Commentary provides a detailed update of the first edition authored by Joanne Scott in 2007. It reflects 15 years of change in SPS case law and practice. It critically examines current issues such as use of experts in the dispute settlement process, applicable standard of review, or legal treatment of private standards in food safety. Moreover, the Commentary assesses the suitability of the current regime to address the existing needs of developing countriesThe commentary also examines how science-based criteria and the traditional GATT standards (non-discrimination and least-trade-restrictive means) are used to discipline national SPS measures. It explores the transparency obligations and procedural rules that govern control, inspection, and approval processes in importing countries. A separate section is dedicated to the operation of the SPS Committee as an arena for transnational governance in the SPS field. The book also investigates the agreement's attempt to establish a framework to draw together the diverse institutions and regulatory regimes already populating the food safety arena. Two new chapters are also included: one reviewing Article 5.7 SPS in greater detail, and one dealing with the SPS rules in selected regional trade agreements (the CETA, EU-Japan EPA, USMCA, RCEP, and CPTPP).
Deference in International Courts and Tribunals
Standard of Review and Margin of Appreciation
Inbunden, Engelska, 2014
1 804 kr
Skickas inom 7-10 vardagar
International courts and tribunals are often asked to review decisions originally made by domestic decision-makers. This can often be a source of tension, as the international courts and tribunals need to judge how far to defer to the original decisions of the national bodies. As international courts and tribunals have proliferated, different courts have applied differing levels of deference to those originial decisions, which can lead to a fragmentation in international law. International courts in such positions rely on two key doctrines: the standard of review and the margin of appreciation. The standard of review establishes the extent to which national decisions relating to factual, legal, or political issues arising in the case are re-examined in the international court. The margin of appreciation is the extent to which national legislative, executive, and judicial decision-makers are allowed to reflect diversity in their interpretation of human rights obligations. The book begins by providing an overview of the margin of appreciation and standard of review, recognising that while the margin of appreciation explicitly acknowledges the existence of such deference, the standard of review does not: it is rather a procedural mechanism. It looks in-depth at how the public policy exception has been assessed by the European Court of Justice and the WTO dispute settlement bodies. It examines how the European Court of Human Rights has taken an evidence-based approach towards the margin of appreciation, as well as how it has addressed issues of hate speech. The Inter-American system is also investigated, and it is established how far deference is possible within that legal organisation. Finally, the book studies how a range of other international courts, such as the International Criminal Court, and the Law of the Sea Tribunal, have approached these two core doctrines.
Regulating Health and Environmental Risks under WTO Law
A Critical Analysis of the SPS Agreement
Inbunden, Engelska, 2010
1 687 kr
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The last sixty years witnessed an unprecedented expansion of international trade. The system created by the General Agreement on Tariffs and Trade and later by the World Trade Organization (WTO) has proved to be an efficient instrument for the elimination of trade and tariff barriers. This process coincided with increased national regulatory controls, which were particularly visible in the area of risk regulation. Governments, responding to the demands of their domestic constituencies, have adopted a wide range of regulatory measures aimed at protecting the environment and human health. Although, for the most part, the new regulatory initiatives served legitimate objectives, it has also turned out that internal measures might become an attractive vehicle for protectionism, taking the place that was traditionally occupied by tariff barriers. The WTO Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) is an attempt by the international community to limit possible abuses while assuring WTO Members of an extensive margin of regulatory discretion. The central problem that the book tackles is whether the system established by the SPS Agreement can address the existing and potential challenges of a new interdependent world. In answering this question, the author provides a comprehensive and critical examination of the substantive provisions of the Agreement and corresponding case law. In this context, the book particularly focuses on two issues: the consistency in the interpretation of the SPS Agreement and the appropriateness of its various requirements. This analysis leads the author to conclude that despite some interpretative failures of SPS case law, the system established by the SPS Agreement seems to provide an effective solution for the supervision of domestic SPS measures.
1 954 kr
Skickas inom 10-15 vardagar
Multilateralism has served as a foundation for international cooperation over the past several decades. Championed after the Second World War by the United States and Western Europe, it expanded into a broader global system of governance with the end of the Cold War. Lately, an increasing number of States appear to be disappointed with the existing multilateral arrangements, both at the level of norms and that of institutions. The great powers see unilateral and bilateral strategies, which maximize their political leverage rather than diluting it in multilateral fora, as more effective ways for controlling the course of international affairs.The signs of the crisis have been visible for some time – but recent crises indicate an acceleration of the on-going disintegration of the multilateral system, such as Brexit, growing resistance on the part of States to international monitoring of compliance and the radical change in the US foreign policy during the presidency of Donald Trump which saw the US withdraw from several multilateral agreements (e.g. the Iran Nuclear Deal and the Paris Agreement), leave some international organizations or bodies (e.g. the United Nations Human Rights Council or the World Health Organization) or paralyze some others (e.g. the World Trade Organization (WTO)).Tackling the debate surrounding the crisis of multilateralism and the related transformation of the underlying international legal order, The Crisis of Multilateral Legal Order analyzes selected aspects of the current crisis from the perspective of public international law to identify the nature of the crisis, its dynamics, and implications.
534 kr
Skickas inom 10-15 vardagar
Multilateralism has served as a foundation for international cooperation over the past several decades. Championed after the Second World War by the United States and Western Europe, it expanded into a broader global system of governance with the end of the Cold War. Lately, an increasing number of States appear to be disappointed with the existing multilateral arrangements, both at the level of norms and that of institutions. The great powers see unilateral and bilateral strategies, which maximize their political leverage rather than diluting it in multilateral fora, as more effective ways for controlling the course of international affairs.The signs of the crisis have been visible for some time – but recent crises indicate an acceleration of the on-going disintegration of the multilateral system, such as Brexit, growing resistance on the part of States to international monitoring of compliance and the radical change in the US foreign policy during the presidency of Donald Trump which saw the US withdraw from several multilateral agreements (e.g. the Iran Nuclear Deal and the Paris Agreement), leave some international organizations or bodies (e.g. the United Nations Human Rights Council or the World Health Organization) or paralyze some others (e.g. the World Trade Organization (WTO)).Tackling the debate surrounding the crisis of multilateralism and the related transformation of the underlying international legal order, The Crisis of Multilateral Legal Order analyzes selected aspects of the current crisis from the perspective of public international law to identify the nature of the crisis, its dynamics, and implications.
1 852 kr
Skickas inom 5-8 vardagar
'The 20th century has been described as the century where governments allowed cigarettes to kill more than 100 million people (i.e. more than the first and second World Wars and the holocaust together). This excellent book is a timely study of the complex, regulatory challenges of e-cigarettes. The review of the scientific evidence relating to electronic cigarettes in Part I - and of international and European regulatory approaches in Part II - of this interdisciplinary, comparative study demonstrates the need for multilevel health governance with due regard to international human rights law, world trade law and health law. European health and risk regulations aim at respecting EU fundamental rights, EU constitutional law principles (e.g. precautionary, subsidiarity and proportionality principles) and legitimate ''constitutional pluralism'' in multilevel health governance. The case-studies of American and Chinese regulations of e-cigarettes in Part III of this book illustrate that ''Chinese state-capitalism'' (e.g. its denial of human rights and constitutional protection of citizens) and Anglo-American neo-liberalism (e.g. its frequent neglect of economic and social rights and international public goods) offer less comprehensive protection of citizen interests, as also confirmed by the current 'US-China trade wars'. Professor Gruszczynski's innovative book succeeds in demonstrating the complexity of ''ordo-liberal'' trade and health regulations of ''market failures'' and ''governance failures'' reconciling civil, political, economic, social and cultural rights and health risks.'- Ernst-Ulrich Petersmann, European University Institute, Italy Combining the insights of leading legal scholars and public health experts, this timely book provides up-to-date analysis of the various legal problems emerging at different levels of governance (international, European and national) in the context of the regulation of e-cigarettes.Expert contributors investigate the possible application of the precautionary and harm reduction principles in this area, examining the legal constraints imposed on states by international and European rules, as well as the regulatory approaches currently in place in selected national jurisdictions. This ground-breaking book offers an interdisciplinary approach to the topic, combining insights from medical, public health and legal perspectives.The Regulation of E-cigarettes will be essential reading for both legal and public health scholars and students. Providing a comprehensive and in-depth assessment of the regulatory solutions applied to e-cigarettes, it will also be a key resource for governmental officials, NGO's and public health advocates.