World Trade Institute Advanced Studies – serie
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17 produkter
17 produkter
Del 3 - World Trade Institute Advanced Studies
Agriculture, Price Stabilisation and Trade Rules
A Principled Approach
Inbunden, Engelska, 2017
2 339 kr
Skickas inom 5-8 vardagar
In Agriculture, Price Stabilisation and Trade Rules, Irene Musselli offers a comprehensive doctrinal and historical analysis of stabilisation tools and approaches in agriculture. Using her extensive practical experience in the field, she takes up the interface of the tools discussed with trade rules and offers the first comprehensive analysis of WTO rules from the perspective of stabilisation policies. This volume offers a fresh look at the tool box of managed trade in agricultural commodities and develops new and refined solutions that take into account the legal role of equity and of graduation. Musselli offers new insights and is able to invigorate a debate caught in overly ideological entanglements between market oriented and interventionist schools.
Del 5 - World Trade Institute Advanced Studies
WTO Law and Trade Policy Reform for Low-Carbon Technology Diffusion
Common Concern of Humankind, Carbon Pricing, and Export Credit Support
Inbunden, Engelska, 2021
2 373 kr
Skickas inom 5-8 vardagar
The open access publication of this book has been published with the support of the Swiss National Science Foundation.In WTO Law and Trade Policy Reform for Low-Carbon Technology Diffusion, Zaker Ahmad puts a spotlight on the crucial importance of dismantling market barriers and offering incentives to improve clean technology access and diffusion across borders. To that end, the author argues for a synergistic co-development of the international trade and climate legal regimes. Two case studies – one on carbon pricing, another on official export credit support – place the theoretical arguments in a practical trade policy setting. The emerging doctrine and principle of Common Concern of Humankind serves as the key theoretical and structural foundation of the work. A useful read for anyone interested in an effective role of trade law and policy to facilitate climate action.
Del 10 - World Trade Institute Advanced Studies
Gender Equality in the Mirror
Reflecting on Power, Participation and Global Justice
Inbunden, Engelska, 2022
1 531 kr
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The open access publication of this book has been published with the support of the Swiss National Science Foundation.By taking an innovative perspective, Gender Equality in the Mirror aims to advance the debate on gender equalities and to engage with the complexities of their practical implications in everyday life. Through the voice of women who are contributing with their life and work to the pursuit of the collective task of inclusion, the volume develops an original analysis of the socio-economic and political dimension of gender parity to frame implementing pathways of aspirational human rights principles. Gender Equality in the Mirror explores these dimensions with the ultimate aim of raising broad awareness of the need to invest in women’s empowerment for the construction of our society.
Del 9 - World Trade Institute Advanced Studies
Unilateral Sanctions in International Law and the Enforcement of Human Rights
The Impact of the Principle of Common Concern of Humankind
Inbunden, Engelska, 2022
1 935 kr
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The Open Access publication of this book has been published with the support of the Swiss National Science Foundation.Are unilateral economic sanctions legal under public international law? How do they relate to the existing international legal principles and norms? Can unilateral economic sanctions imposed to redress grave human rights violations be subjected to the same legal contestations as other unilateral sanctions? What potential contribution can the recently formulated doctrine of Common Concern of Humankind make by introducing substantive and procedural prerequisites to legitimise unilateral human rights sanctions? Unilateral Sanctions in International Law and the Enforcement of Human Rights by Iryna Bogdanova addresses these complex questions while taking account of the burgeoning state practice of employing unilateral economic sanctions.
Del 8 - World Trade Institute Advanced Studies
Mitigation of Marine Plastic Pollution in International Law
Facts, Policy and Legal Implications
Inbunden, Engelska, 2022
2 339 kr
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The open access publication of this book has been published with the support of the Swiss National Science Foundation.The massive accumulation of plastics in marine environments is one of the most pressing environmental concerns of our time. This book examines the relevant international legal framework applying to land-based sources of plastic pollution. Against the backdrop of the dynamics of recent policy formulation in this field, it outlines the main developments and provides a snapshot inventory of state obligations related to plastic pollution mitigation. The Mitigation of Marine Plastic Pollution in International Law identifies the main barriers and opportunities, and points out the possible building blocks of an enhanced regime.
Del 7 - World Trade Institute Advanced Studies
Monetary Stability as a Common Concern in International Law
Policy Cooperation and Coordination of Central Banks
Inbunden, Engelska, 2022
1 823 kr
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The open access publication of this book has been published with the support of the Swiss National Science Foundation.In Monetary Stability as a Common Concern in International Law, Lucía Satragno argues that monetary stability is a global public good that must be promoted and protected at all levels of governance. In doing so, the book accomplishes two tasks. On one hand, it provides an up to date analysis of the role of law and institutions in the international monetary field since the collapse of the Bretton Woods system. On the other hand, it applies the methodological approach proposed by the novel doctrine of Common Concern of Humankind to monetary stability as a case study. Accordingly, the book examines not only the status quo of the international monetary system, but also looks at the ‘new and different realism’ that would be envisaged in monetary affairs in the case of a fully-fledged principle of Common Concern.
Del 6 - World Trade Institute Advanced Studies
Taking a Common Concern Approach to Economic Inequality
Implications for (Cooperative) Sovereignty over Corporate Taxation
Inbunden, Engelska, 2022
2 227 kr
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The open access publication of this book has been published with the support of the Swiss National Science Foundation.Are countries capable of reducing economic inequality under conditions of contemporary globalisation without cooperating and coordinating with other countries? While states are far from powerless to effect distributional change within their own sovereign space, Taking a Common Concern Approach to Economic Inequality makes the case that cooperation and coordination is indeed necessary, especially in relation to corporate taxation. It accordingly contemplates the utility of a transnational taxation system that is embedded in cooperative sovereignty through the recognition of rising economic inequality and its deleterious effects – including how increasingly unequal distributions within countries make transnational cooperation and coordination efforts less likely – as a common concern of humankind.
Del 12 - World Trade Institute Advanced Studies
Interpretation and Application of the Most-Favored-Nation Clause in Investment Arbitration
Inbunden, Engelska, 2022
2 148 kr
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The open access publication of this book has been published with the support of the Swiss National Science Foundation.In The Interpretation and Application of the Most-Favored-Nation Clause in Investment Arbitration, Dr. Anqi Wang provides suggestions for MFN drafting in future international investment agreements (IIAs), as well as for MFN application by investor-state dispute settlement (ISDS) tribunals in case of ambiguity. Dr. Wang conducts a systemic review of MFN clause in history and maps all the relevant ISDS cases. She argues that ISDS tribunals should interpret the MFN clause according to the treaty text on a case-by-case basis, and that tribunals should also consider state consent as the foundation for the jurisdiction of international adjudication, current IIA reform, and essential treaty interpretive principles.
Del 11 - World Trade Institute Advanced Studies
Climate Change, Disasters and People on the Move
Providing Protection under International Law
Inbunden, Engelska, 2022
1 913 kr
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The open access publication of this book has been published with the support of the Swiss National Science Foundation.Climate change is forcing us to consider the right of people to leave their disappearing homelands, and the shape this right should take. Climate Change, Disasters and People on the Move proposes international protection as a solution with three pillars: granting protection against return to the country of origin (non-refoulement); preventing future displacement; and facilitating safe, orderly, and regular migration in the context of disasters and climate change. Dr. Aylin Yildiz Noorda uses the theories of common concern of humankind and community interests to operationalise her proposal, providing a blueprint for future claims.
Del 13 - World Trade Institute Advanced Studies
Patent Exhaustion and International Trade Regulation
Inbunden, Engelska, 2023
2 171 kr
Skickas inom 5-8 vardagar
This book dives into the legal and economic rationale of patent exhaustion, studying its evolution from the beginning in Germany, UK and USA, to Japan and 10 developing countries. The author also analyses exhaustion under TRIPS, GATT, GATS and major regional agreements, including the EU, before assessing the interface of patent exhaustion with competition policy. The book also addresses public policy concerns of Least developed and developing countries linked to their IPR challenges as IP users. It concludes that an appropriate exhaustion mode under relevant legal measures would protect patents while also restraining patents to become non-tariff barriers.The open access publication of this book has been published with the support of the Swiss National Science Foundation.
Del 14 - World Trade Institute Advanced Studies
World Trade, Child Labour and Transnational Constitutionalism
The Case for a New Legal Humanism
Inbunden, Engelska, 2024
1 710 kr
Skickas inom 5-8 vardagar
The Open Access publication of this book has been made possible by the Swiss National Science Foundation.Is the current structure of international law still adequate to solve global problems such as child labour? This book argues for more coherence between human rights and trade law, analysing the world trade law compatibility of topical trade measures on (forced) child labour such as the US Tariff Act of 1930 or the proposal for an EU Forced Labour Regulation, mainly under the GATT non-discrimination principles and the policy exceptions clause. Discussing theories such as constitutionalism and pluralism, Franziska Humbert develops the idea of a New Legal Humanism as a cognitive frame for the global legal order.
Del 15 - World Trade Institute Advanced Studies
International Standardization and Trade Regulation
Exploring Linkages between International Standardization Organizations and International Trade Agreements
Inbunden, Engelska, 2024
1 827 kr
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The open access publication of this book has been published with the support of the Swiss National Science Foundation.As tariffs have fallen dramatically over the past decades, behind-the-border measures—such as technical barriers to trade (TBT) and sanitary and phytosanitary (SPS) measures—have become increasingly important for international trade policy. To facilitate trade, governments sign trade agreements in which they agree to base such measures on international standards. But who actually develops these standards? This book takes a close look at the International Organization for Standardization and the Codex Alimentarius – two prominent standard-setting organizations in the area of TBT and SPS – to investigate how international standardization influences the design of international trade agreements, and vice versa.
Del 16 - World Trade Institute Advanced Studies
Constitutionalism and Transnational Governance Failures
Inbunden, Engelska, 2024
2 047 kr
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This book explores strategies for limiting transnational market failures, governance failures and constitutional failures impeding protection of the universally agreed sustainable development goals like climate change mitigation and access to justice and transnational rule-of-law. Can multilevel democratic and judicial protection of fundamental rights and public goods across frontiers be extended through plurilateral agreements? Can transnational economic and environmental constitutionalism be reconciled with ‘constitutional pluralism’ and with democratic constitutionalism depending on individual and democratic consent of free and equal citizens? Will judicial challenges (e.g. of EU carbon border adjustment measures) and countermeasures lead to further disruption of UN and WTO law?"This innovative book provides convincing analyses by leading practitioners and academics of multilevel governance of transnational public goods. It advocates the need for stronger involvement of civil society and democratic institutions. It shows why constitutionalism and constitutional economics offer appropriate methodologies for limiting market failures, government failures and constitutional failures. It thereby offers a glimpse of much needed optimism."Karl-Ernst Brauner, former Deputy Director-General of the World Trade Organization (WTO)
Del 17 - World Trade Institute Advanced Studies
Concept of Necessity in International Law and the World Trade Organization
History, Lessons, and Prospects
Inbunden, Engelska, 2024
2 283 kr
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Like many concepts in international law, the definition of “necessity” varies widely depending on context. The concepts of necessity in different fields of international law can maintain their unique definitions while learning from each other, and thereby achieve coherence. This book presents the evolution of the concept of necessity, and discusses its definitions in nine different fields of international law. Centering customary international law and the law of the World Trade Organization in his analysis, Dr. Senai W. Andemariam examines the potential for interactions and coherence between concepts of necessity in various fields of international law.
Del 18 - World Trade Institute Advanced Studies
International Protection of Traditional Knowledge under the Law of Trademarks and Geographical Indications
A Case Study on Persian Carpets
Inbunden, Engelska, 2025
2 235 kr
Skickas inom 3-6 vardagar
The open access publication of this book has been published with the support of the Swiss National Science Foundation.This comprehensive book explores how traditional knowledge (TK) intersects with global intellectual and ecological discussions within the framework of intellectual property rights (IPRs). It provides practical solutions for local communities, indigenous peoples, and policymakers to protect and utilize TK effectively, including a detailed case study on Persian Carpets. Drawing on unique insights from key international organizations such as WIPO, WTO, and UNESCO, this book is an indispensable resource for legal scholars, students, and practitioners seeking to understand and strengthen TK protection under IPRs. The reader will discover strategies to prevent TK misappropriation and promote fair legal frameworks worldwide.
Del 19 - World Trade Institute Advanced Studies
Preferential Rules of Origin in the Law of the WTO and PTAs
The Challenge of 3D Printing
Inbunden, Engelska, 2025
1 552 kr
Skickas inom 3-6 vardagar
Where does a 3D printed good come from? This book examines preferential rules of origin within the context of advanced manufacturing, focusing on 3D printing. From a foundation in the legal and technical aspects of rules of origin, it explores why 3D printing implies reconsidering how materials, labour, and technology factor into the determination of the origin of a good and the risks and opportunities this brings to producers and traders. The book suggests revisiting rules of origin in PTAs and encourages the WTO to promote incorporating rules or origin and new production methods into a balanced trade framework that supports producers, traders, and consumers globally.
Del 20 - World Trade Institute Advanced Studies
Dimension of Time in WTO Law
A Qualitative and Quantitative Analysis
Inbunden, Engelska, 2026
2 571 kr
Skickas inom 3-6 vardagar
This book is an original work that explores the universe of time elements in WTO Law and tracks their existence and formation. It addresses three fundamental questions: (1) how these time elements can be identified in legal texts; (2) how they may be associated with legal events; and (3) how they may be changed in practice. Taken together, this book offers a systematic reflection on the role of time in WTO Law and sheds new light on the broader theory of legalization within its four‐dimensional framework.