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E-book
Author Watson, James K. R.

Title The WTO and the environment : development of competence beyond trade / James K.R. Watson
Published Hoboken : Taylor and Francis, 2012

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Description 1 online resource
Series Routledge research in international economic law
Routledge research in international economic law.
Contents Cover; Title; Copyright Page; Contents; Acknowledgements; Foreword; Table of Cases; Table of GATT Agreements, WTO Agreements and Other International Treaties; Table of Abbreviations; Introduction; 1 The development of a judicialised international trade dispute resolution system at the World Trade Organisation; 1.1 Introduction; 1.2 Definition of judicialisation; 1.2.1 Quasi-judicial?; 1.2.2 International Law dispute resolution models; 1.2.3 Tomuschat taxonomy of an international judicial body; 1.3 Background to the GATT dispute resolution procedures
1.4 The development of the GATT/WTO dispute settlement procedures1.5 The central tenet of the GATT system; 1.6 Practical implementation of the GATT dispute settlement process; 1.7 Understanding regarding notification, consultation, dispute settlement and surveillance; 1.8 Drawbacks of the GATT dispute settlement process; 1.9 The WTO and the Dispute Settlement Understanding; 1.9.1 The Dispute Settlement Body; 1.9.2 The panel; 1.9.3 The Appellate Body; 1.9.4 Negative consensus; 1.9.5 Enforcement; 1.10 Judicialised dispute resolution at the WTO; 1.11 An arbitration or judicial system at the WTO?
1.12 Effectiveness of the WTO DSU1.13 A study of the effectiveness of the WTO DSU; 1.14 Conclusion; 2 The WTO dispute resolution mechanism in comparison to other international regimes; 2.1 The context of the WTO DSU in international dispute resolution organisations; 2.2 The WTO DSU in the context of the International Court of Justice; 2.3 The WTO DSU in the context of the European Court of Justice; 2.4 The WTO DSU, the North American Free Trade Agreement and the Common Market for Eastern and Southern Africa; 2.4.1 The 1994 North American Free Trade Agreement
2.4.2 The Common Market for Eastern and Southern Africa Court of Justice2.5 The WTO DSU in the context of the Convention on International Trade in Endangered Species and the Convention on Biological Diversity; 2.5.1 The Convention on International Trade in Endangered Species; 2.5.2 The Convention on Biological Diversity; 2.6 Conclusion; 3 The role of previous decisions in the WTO DSU and their impact on member state behaviour; 3.1 Introduction; 3.2 International law and reliance on dispute resolution decisions; 3.3 Judicial decision making in the jurisprudence of the ICJ
3.4 Stare decisis and the International Court of Justice3.5 Distinguishing a case at the International Court of Justice; 3.6 Departing from a previous decision at the International Court of Justice; 3.7 Summary of precedent in international law and the International Court of Justice; 3.8 Precedent under the GATT 1947; 3.9 The judicialised WTO dispute resolution system and the role of precedent; 3.10 Arguments against the existence of precedent in the WTO; 3.11 Conclusion; 4 Trade and environment in the international legal order; 4.1 Introduction
4.2 Context of trade and environment in the international law arena
Summary This book is a review of the development of the WTO dispute resolution procedure and the power and influence it has gained over the practises of the member countries as well as in other international treaties. The book addresses the development of environmental competency in the WTO and examines the arguments of those who oppose WTO rule making with impacts on the environment. The WTO's interactions with multilateral environmental agreements are considered and recent WTO cases including the 2011 US/Mexico tuna dispute and the US sea turtles decision are analysed in detail. In examining how
Bibliography Includes bibliographical references and index
Notes Print version record
Subject World Trade Organization -- Rules and practice
SUBJECT World Trade Organization fast
Subject Environmental law, International.
Foreign trade regulation.
Arbitration (International law)
Environmental policy -- International cooperation.
LAW -- Commercial -- International Trade.
Arbitration (International law)
Environmental law, International
Environmental policy -- International cooperation
Foreign trade regulation
Genre/Form Rules
Form Electronic book
ISBN 9781136214325
1136214321
Other Titles World Trade Organization and the environment