The Concept of Necessity in International Law and the World Trade Organization: History, Lessons, and Prospects: World Trade Institute Advanced Studies, cartea 17
Autor Senai Woldeab Andemariamen Limba Engleză Hardback – 30 mai 2024
Preț: 811.63 lei
Preț vechi: 989.79 lei
-18% Nou
Puncte Express: 1217
Preț estimativ în valută:
155.33€ • 163.40$ • 129.60£
155.33€ • 163.40$ • 129.60£
Carte disponibilă
Livrare economică 20-25 decembrie
Preluare comenzi: 021 569.72.76
Specificații
ISBN-13: 9789004699991
ISBN-10: 9004699996
Dimensiuni: 155 x 235 mm
Greutate: 0.96 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria World Trade Institute Advanced Studies
ISBN-10: 9004699996
Dimensiuni: 155 x 235 mm
Greutate: 0.96 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria World Trade Institute Advanced Studies
Notă biografică
Senai W. Andemariam, Ph.D., Maastricht University, is a former judge and now the head of the Department of Law of the College of Business and Social Sciences in Eritrea. He received his LL.B. from the University of Asmara (With Distinction) and his LL.M. from Georgetown University (With Distinction) as a Fulbright Scholar. He has published with journals at Cambridge University Press, Oxford University Press, Taylor and Francis, Routledge, Springer, DeGruyter, Brill and others.
Cuprins
Foreword
Acknowledgments
List of Tables
Acronyms
Introduction
Part 1
History of the Concept of Necessity in Law
1Evolution of the Concept from the 1st Millennium bc to the 20th Century
1.1 Early Period
1.2 Medieval Period (5th to 15th Centuries)
1.3 The Westphalian Concept of Necessity and the Aftermath (17th to 20th Centuries)
2State and Tribunal Practices until the 1930s
2.1 State Practices
2.2 Tribunal Practices
2.3 Avoiding the Conflation
2.4 Lessons Learned from the State and Tribunal Practices
3Placing Necessity in the Context of the Relationship between Sovereignty and Treaty Law
3.1 How the Exercise of Powers of Necessity Evolved since the Peace of Westphalia
3.2 Consent as the Binding Element in the Sovereignty-Treaty Obligation Interface
3.3 Lessons from the History, Practices and Presentation of Necessity since the 1st Millennium bc
Part 2
The Concept of Necessity in International Law
4Preliminary Issues
4.1 Necessity: A Widely Represented Concept in International Law
4.2 Issues on the Concept of Necessity in International Law
5The Concept of Necessity in Different Fields of International Law
5.1 The Law of Use of Force
5.2 International Humanitarian Law
5.3 International Environmental Law
5.4 The Law State Responsibility as Codified in the arsiwa
5.5 International Investment Law
5.6 International Human Rights Law
5.7 International Criminal Law
5.8 The Law of Responsibility of International Organizations as Codified in the dario
5.9 Lessons Learned from the Experiences with the Concepts of Necessity in Different Fields of International Law
6The Role of International Courts and Tribunals in Developing the Concept of Necessity in Customary International Law
6.1 General Notes
6.2 The pca
6.3 The pcij
6.4 The icj
6.5 The itlos
6.6 Other International Tribunals
6.7 Lessons Learned from the Contributions of Various International Courts/Tribunals on the Development of the Concept of Necessity in International Law
Part 3
The Concept of Necessity in wto Law
7History of the Drafting of the Necessity Defense Provisions in the General and Security Exceptions of the gatt 1994/gats
7.1 Pre-gatt 1947 Trade Agreements and Treaties Containing General Exceptions-Like Provisions
7.2 The US-UK Discussions for Post-Second World War International Trade Rules
7.3 The Drafting of the General and Security Exceptions in the London-New York-Geneva-Havana Meetings (1946–1948)
8Evolution of the Interpretation of the Concept of Necessity in the General and Security Exceptions of the gatt (1947 and 1994) and the gats
8.1 General Observations on the Nature and Practice of the General Exceptions
8.2 Interpreting the Term ‘Necessary’ in the General Exceptions
8.3 The Concept of Necessity in the Security Exceptions
9The Concept of Necessity in Other wto Agreements, the tbt, sps and trips Agreements in Particular
9.1 Textual Presence of the Term (Concept of) Necessity
9.2 General Background on the tbt and the sps Agreements
9.3 The Concepts of Necessity in the tbt and the sps Agreements
9.4 Comparing the Interpretations of Necessity in the General Exceptions of the gatt 1994/gats, the tbt Agreement and the sps Agreement
9.5 Necessity under the trips Agreement
9.6 Has a ‘wto Law Concept of Necessity’ Emerged?
Part 4
The Interaction between the Concepts of Necessity in Customary International Law and wto Law
10The Interface between Customary International Law and wto Law
10.1 Contextualizing the Relationship
10.2 wto Law in the Universe of International Law
10.3 The Two-Way Relationship between wto law and International Law
11Rules on Interfacing the Concepts of Necessity in wto Law and Other Fields of International law
11.1 Rules and Practices of Interoperability
11.2 Interoperability in the Context of the Current Crisis of the wto Dispute Settlement System
11.3 Contrasting the Concepts of Necessity in wto Law and cil
12The Exercise of Interfacing the Concepts of Necessity in wto Law and cil
12.1 Grounds for Considering Interoperability
12.2 Potential Interoperability
Conclusion and Final Remarks
Bibliography
Index
Acknowledgments
List of Tables
Acronyms
Introduction
Part 1
History of the Concept of Necessity in Law
1Evolution of the Concept from the 1st Millennium bc to the 20th Century
1.1 Early Period
1.2 Medieval Period (5th to 15th Centuries)
1.3 The Westphalian Concept of Necessity and the Aftermath (17th to 20th Centuries)
2State and Tribunal Practices until the 1930s
2.1 State Practices
2.2 Tribunal Practices
2.3 Avoiding the Conflation
2.4 Lessons Learned from the State and Tribunal Practices
3Placing Necessity in the Context of the Relationship between Sovereignty and Treaty Law
3.1 How the Exercise of Powers of Necessity Evolved since the Peace of Westphalia
3.2 Consent as the Binding Element in the Sovereignty-Treaty Obligation Interface
3.3 Lessons from the History, Practices and Presentation of Necessity since the 1st Millennium bc
Part 2
The Concept of Necessity in International Law
4Preliminary Issues
4.1 Necessity: A Widely Represented Concept in International Law
4.2 Issues on the Concept of Necessity in International Law
5The Concept of Necessity in Different Fields of International Law
5.1 The Law of Use of Force
5.2 International Humanitarian Law
5.3 International Environmental Law
5.4 The Law State Responsibility as Codified in the arsiwa
5.5 International Investment Law
5.6 International Human Rights Law
5.7 International Criminal Law
5.8 The Law of Responsibility of International Organizations as Codified in the dario
5.9 Lessons Learned from the Experiences with the Concepts of Necessity in Different Fields of International Law
6The Role of International Courts and Tribunals in Developing the Concept of Necessity in Customary International Law
6.1 General Notes
6.2 The pca
6.3 The pcij
6.4 The icj
6.5 The itlos
6.6 Other International Tribunals
6.7 Lessons Learned from the Contributions of Various International Courts/Tribunals on the Development of the Concept of Necessity in International Law
Part 3
The Concept of Necessity in wto Law
7History of the Drafting of the Necessity Defense Provisions in the General and Security Exceptions of the gatt 1994/gats
7.1 Pre-gatt 1947 Trade Agreements and Treaties Containing General Exceptions-Like Provisions
7.2 The US-UK Discussions for Post-Second World War International Trade Rules
7.3 The Drafting of the General and Security Exceptions in the London-New York-Geneva-Havana Meetings (1946–1948)
8Evolution of the Interpretation of the Concept of Necessity in the General and Security Exceptions of the gatt (1947 and 1994) and the gats
8.1 General Observations on the Nature and Practice of the General Exceptions
8.2 Interpreting the Term ‘Necessary’ in the General Exceptions
8.3 The Concept of Necessity in the Security Exceptions
9The Concept of Necessity in Other wto Agreements, the tbt, sps and trips Agreements in Particular
9.1 Textual Presence of the Term (Concept of) Necessity
9.2 General Background on the tbt and the sps Agreements
9.3 The Concepts of Necessity in the tbt and the sps Agreements
9.4 Comparing the Interpretations of Necessity in the General Exceptions of the gatt 1994/gats, the tbt Agreement and the sps Agreement
9.5 Necessity under the trips Agreement
9.6 Has a ‘wto Law Concept of Necessity’ Emerged?
Part 4
The Interaction between the Concepts of Necessity in Customary International Law and wto Law
10The Interface between Customary International Law and wto Law
10.1 Contextualizing the Relationship
10.2 wto Law in the Universe of International Law
10.3 The Two-Way Relationship between wto law and International Law
11Rules on Interfacing the Concepts of Necessity in wto Law and Other Fields of International law
11.1 Rules and Practices of Interoperability
11.2 Interoperability in the Context of the Current Crisis of the wto Dispute Settlement System
11.3 Contrasting the Concepts of Necessity in wto Law and cil
12The Exercise of Interfacing the Concepts of Necessity in wto Law and cil
12.1 Grounds for Considering Interoperability
12.2 Potential Interoperability
Conclusion and Final Remarks
Bibliography
Index