Marion Panizzon - Böcker

Multilayered Migration Governance explores the emerging concept of ‘migration partnerships’ in political management and governance of international migration flows. The partnership approach to migration seeks to balance responsibility and benefits of migration more evenly between source, transit and destination countries.Case studies from the US, Europe and Africa analyse the various initiatives and programmes applied in national, regional and transcontinental migration policy today. It shows that a multilayered system of migration governance has emerged which embeds primarily bilateral and mainly control-focused migration partnerships in a broader framework of (trans-)regional and international cooperation providing key links to policy areas in development, trade, finance and security.Utilising a comparative approach to assess the impact of partnerships on global migration policies, the book will be of interests to scholars and students in migration and development studies and international relations more broadly.

Multilayered Migration Governance explores the emerging concept of ‘migration partnerships’ in political management and governance of international migration flows. The partnership approach to migration seeks to balance responsibility and benefits of migration more evenly between source, transit and destination countries.Case studies from the US, Europe and Africa analyse the various initiatives and programmes applied in national, regional and transcontinental migration policy today. It shows that a multilayered system of migration governance has emerged which embeds primarily bilateral and mainly control-focused migration partnerships in a broader framework of (trans-)regional and international cooperation providing key links to policy areas in development, trade, finance and security.Utilising a comparative approach to assess the impact of partnerships on global migration policies, the book will be of interests to scholars and students in migration and development studies and international relations more broadly.

This collection of essays takes stock of the key challenges that have arisen since the entry into force of the General Agreement on Trade in Services in the mid-1990s and situates them in the context of the WTO's Doha Development Agenda and the proliferation of preferential agreements addressing services today. The multidisciplinary approach provides an opportunity for many of the world's leading experts and a number of new analytical voices to exchange ideas on the future of services trade and regulation. Cosmopolitan approaches to the treatment of labour mobility, the shape of services trade disciplines in the digital age and pro-competitive regulation in air transport are explored with a view to helping readers gain a better understanding of the forces shaping the changes. An essential read for all those concerned with the evolution of the rules-based trading system and its impact on the service economy.

What does the concept of good faith express? This book is the first to discuss what good faith means in international trade law. As a reference guide for scholars and practitioners it analyses the case law of WTO dispute settlement practice. The book describes how, why and when the concept of good faith links the WTO Agreements with other public international norms. The concept of good faith appears frequently in treaties and customary rules, but is most often considered a general principle of law. WTO law uses the corrolaries of pacta sunt servanda, the prohibition of abus de droit and the protection of legitimate expectation alongside the principle of good faith. An analysis of GATT 1947 and WTO case law reveals that the function of good faith varies. The Panel reports and the Appellate Body decisions make different use of it. The Appellate Body is prepared to apply the principle to WTO provisions only, while Panels use it more freely and substantively; that is, they apply good faith to fill lacunae in any of the WTO covered agreements.Also, adjudicators use the principle differently, depending on whether it relates to the agreements covered by the WTO or the procedural law of WTO dispute settlement. As it applies to the former, good faith is used to strike a balance between, on the one hand, the obligation to liberalise trade, and on the other hand, the right to invoke an exception to trade liberalisation for the protection of the environment, culture, public morals, human life or health. In this way, good faith safeguards the gains of multilateral trade liberalisation against unlawful interests such as disguised protectionism. The book also introduces the novel field of WTO procedural law governing trade dispute litigation. In the Dispute Settlement Understanding (DSU), good faith appears in the standard of review, rules of evidence and fact-finding, standing, duty of prior consultation, right of establishment of a panel, ex officio investigations, withdrawal of notices of appeal, and the raising of objections. In all these areas it ensures that the rules of dispute resolution are not abused.The Appellate Body has even gone so far as to derive a new standard from the principle of good faith that demands that disputes are settled fairly, promptly and effectively. Insights into good faith in WTO law are not only important for trade law professionals. Current applications and future operations of the principle are likely to be of strategic value for answering the increasingly pressing question of how WTO law and other international agreements ought to be reconciled.