By Joost Pauwelyn
How do exchange agreements engage with agreements on human rights or the surroundings? In case of clash, which contract should still be successful? needs to alternate disputes be tested in basic terms from the perspective of alternate ideas or should still account be taken additionally of non-trade values? Joost Pauwelyn considers those questions and divulges how the several ideas of foreign legislations engage, by way of procedural directions while clash happens. This publication pursuits alternate diplomats, overseas civil servants, legal professionals, NGOs and students of public foreign legislations and foreign exchange legislations.
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Chapter 1 sets out the parameters of this book, limiting its scope, in particular, to situations of ‘conﬂict’ as between two established ‘norms’ or ‘rules’ of international law. This ﬁrst chapter also elaborates on a number of reasons why conﬂict of norms is a ﬁeld of study of both systemic and practical importance in modern international law and, more particularly so, in WTO law. Chapter 2 introduces the speciﬁc case study that will be used throughout this book, namely the law of the World Trade Organization.
In sum, with the transformation of international law into a law on both co-existence and co-operation, the potential as well as types of conﬂict between norms has increased signiﬁcantly. 37 This chaotic feature of international law contributes to the potential for conﬂict of norms. Globalisation Second, and related to the need for co-operation between states so as to tackle today’s global problems -- of protecting the environment, human rights or stimulating economic development -- the ever-increasing interdependence between states, as well as between regulatory areas, has resulted 36 37 Jenks, ‘Conﬂict’, 405.
47 As noted earlier, WTO rules have an ‘all affecting’ 46 47 See Article 48 of the 2001 Draft Articles on State Responsibility. Also, for example, as compared to Part XV of UNCLOS. See, in particular, the recent Arbitration Award in the Southern Bluefin Tuna case (Australia and New Zealand v. org/icsid) where the arbitrators held not to have jurisdiction. 49 In addition, compulsory jurisdiction is available to a state against which trade restrictions are imposed. , the alleged violator of the environmental rule) may complain at the WTO.
Conflict of Norms in Public International Law: How WTO Law Relates to other Rules of International Law by Joost Pauwelyn