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New PDF release: Conflict of Norms in Public International Law: How WTO Law

By Joost Pauwelyn

ISBN-10: 0511062397

ISBN-13: 9780511062391

ISBN-10: 052110047X

ISBN-13: 9780521100472

ISBN-10: 0521824885

ISBN-13: 9780521824880

How do exchange agreements have interaction with agreements on human rights or the surroundings? In case of clash, which contract may still be triumphant? needs to exchange disputes be tested simply from the attitude of alternate principles or should still account be taken additionally of non-trade values? Joost Pauwelyn considers those questions and divulges how different principles of foreign legislation engage, as a result of procedural directions whilst clash happens. This e-book pursuits alternate diplomats, overseas civil servants, legal professionals, NGOs and students of public overseas legislation and overseas alternate legislation.

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Extra info for Conflict of Norms in Public International Law: How WTO Law Relates to other Rules of International Law

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From that perspective, it is crucial to know what the law is, where it can be found and how the judge will apply it 6 7 8 9 Rosalyn Higgins, ‘General Course on Public International Law’ (1991-V) 230 Recueil des Cours 23. Criticising the traditional theory on the sources of international law, Abi-Saab phrased it thus: ‘Elle [the traditional theory] représente le développement du droit en termes d’explosions et de ruptures, plutˆ ot que de transitions et de transformations, ou comme un processus continu et en constante évolution .

It is, indeed, this type of conflict (say, between WTO law and the law developed under the Framework Convention on Climate Change) that inspired this work and will attract most of our attention. Nevertheless, to talk of these sub-regimes as being separate ‘international laws’ which may ‘conflict’ would give the wrong signal. First, it would lose sight of general international law in creating the impression that these sub-regimes are ‘selfcontained regimes’ to be evaluated exclusively with reference to norms created within the particular sub-regime.

32 33 34 35 José Alvarez, ‘The New Treaty Makers’ (2002) 25 Boston College International and Comparative Law Journal 213 at 216. Regina v. Bow Street Metropolitan Stipendiary Magistrate and Others, ex parte Pinochet Ugarte (No. 3), judgment by the House of Lords of 24 March 1999 [2000] AC 147. Al-Adsani v. The United Kingdom, judgment by the ECtHR of 21 November 2001. See, in particular, chapter 7, below, pp. 422--36. the topic and its importance 19 Besides such conflict of norms part of different sub-systems, conflict increasingly arises also as between norms within the same sub-system (say, between two norms of WTO law) or between a norm of general international law (say, customary law on the law of treaties) and a norm of a given sub-system (say, a WTO rule on how to amend the WTO treaty).

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Conflict of Norms in Public International Law: How WTO Law Relates to other Rules of International Law by Joost Pauwelyn


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