Nerina Boschiero – författare
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The last few years have been "anni horribiles" for in International Economic Law in general and in particular for the World Trade Organization, since its inception in 1995 the guarantor of the world multilateral trade system. The increasing trade tensions, a high level of US security tariffs on steel and aluminium, the US boycott of the WTO Appellate Body, the US-China "trade war" and the reasons underlining it, only aggravated a disastrous world-wide economic situation at a time of tremendous global health and societal emergency, due to the persistent devastating spread of the COVID-19 pandemic. The book critically discusses the most salient past US administration’s unilateralist and protectionist practices. At the same time investigating the new Biden Administration’s trade approaches in order to assess whether the precedent trade trajectory is likely to continue, or there is hope of reviving the US commitment to the rule-based multilateral trading system. The book’s goal consists in distilling from current legal events the reasoning that might help the next generations in obtaining what the world needs most. These are a conscious and voluntary return to multilateralism, the search of new forms of effective global cooperation, better trade policies, a more equitable globalization, sound legal arguments, and solid economic reasons to combat rising nationalisms. If enacted, these elements hopefully would contribute to defeat new risks of political conflicts and long-lasting "trade wars". The book will be helpful to students and scholars in international and trade law, political science, and also professionals working in international and EU institutions.
681 kr
Läs direkt efter köp
The last few years have been "anni horribiles" for in International Economic Law in general and in particular for the World Trade Organization, since its inception in 1995 the guarantor of the world multilateral trade system. The increasing trade tensions, a high level of US security tariffs on steel and aluminium, the US boycott of the WTO Appellate Body, the US-China "trade war" and the reasons underlining it, only aggravated a disastrous world-wide economic situation at a time of tremendous global health and societal emergency, due to the persistent devastating spread of the COVID-19 pandemic. The book critically discusses the most salient past US administration’s unilateralist and protectionist practices. At the same time investigating the new Biden Administration’s trade approaches in order to assess whether the precedent trade trajectory is likely to continue, or there is hope of reviving the US commitment to the rule-based multilateral trading system. The book’s goal consists in distilling from current legal events the reasoning that might help the next generations in obtaining what the world needs most. These are a conscious and voluntary return to multilateralism, the search of new forms of effective global cooperation, better trade policies, a more equitable globalization, sound legal arguments, and solid economic reasons to combat rising nationalisms. If enacted, these elements hopefully would contribute to defeat new risks of political conflicts and long-lasting "trade wars". The book will be helpful to students and scholars in international and trade law, political science, and also professionals working in international and EU institutions.
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This book contains a collection of essays by leading experts linked to the outstanding characteristics of the scholar in honour of whom it is published, Tullio Treves, who combines his academic background with his practical experiences of a negotiator of international treaties and a judge of an international tribunal. It covers international public and private law related to international courts and the development of international law.
Under Article 38 of its Statute, the International Court of Justice can apply judicial decisions only as a “subsidiary means for the determination of rules of law”. However, there are many reasons to believe that international courts and tribunals do play quite an important role in the progressive development of international law. There are a number of decisions which are inevitably recalled as the first step, or a decisive step, in the process of the formation of a new rule of customary international law. In these cases, can the judge be considered as a subsidiary of others? Are these cases compatible with the common belief that a judge cannot create law? Is this a peculiarity of international law, which is characterized by the existence of several courts but the lack of a legislator? Do decisions by different courts lead to the consequence of a fragmented international law? This volume provides the reader with an elaboration of various questions linked to the legislative role of courts.
In their choices of subjects, some contributors have taken into account the general aspects of the development of international rules through court decisions or specific sectors of international law, such as human rights, international crimes, international economic law, environmental law and the law of the sea. Others have chosen the subject of the rules on jurisdiction and procedure of international courts. The question of the courts’ role in the development of areas of law different from public international law, namely private international law and European Union law, has also been considered.
The information and views contained in this book will be of great value to academics, students, judges, practitioners and all others interested in the public and private international law aspects of the link between international courts and the development of international law.