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Full-Text Articles in Law
Wto’S Identity Crisis (Reviewing Joost Pauwelyn, Conflict Of Norms In Public International Law: How Wto Law Relates To Other Rules Of International Law (2003)), Sungjoon Cho
Sungjoon Cho
Joost Pauwelyn has written an extensive and thought-provoking treatise on the interaction of norms in public international law (PIL), in particular between norms of World Trade Organization (WTO) and non-WTO norms, through a conceptual lens of “conflict.” His main argument is non-WTO norms should be able to “trump” WTO norms under certain circumstances. After framing the concept of norm conflict in PIL (Chapter 1), and defining the nature of WTO law (“reciprocal” obligations) vis-à-vis that of other branches of PIL such as human rights and international environmental law (“integral” obligations) (Chapter 2), the book unfolds its conflict thesis, including hierarchy …
Wto’S Identity Crisis (Reviewing Joost Pauwelyn, Conflict Of Norms In Public International Law: How Wto Law Relates To Other Rules Of International Law (2003)), Sungjoon Cho
Sungjoon Cho
Joost Pauwelyn has written an extensive and thought-provoking treatise on the interaction of norms in public international law (PIL), in particular between norms of World Trade Organization (WTO) and non-WTO norms, through a conceptual lens of “conflict.” His main argument is non-WTO norms should be able to “trump” WTO norms under certain circumstances. After framing the concept of norm conflict in PIL (Chapter 1), and defining the nature of WTO law (“reciprocal” obligations) vis-à-vis that of other branches of PIL such as human rights and international environmental law (“integral” obligations) (Chapter 2), the book unfolds its conflict thesis, including hierarchy …
The Salmon Case: Evolution Of Balancing Mechanisms For Non-Trade Values In Wto, Frank Garcia
The Salmon Case: Evolution Of Balancing Mechanisms For Non-Trade Values In Wto, Frank Garcia
Frank J. Garcia
No abstract provided.
Integrating Trade And Human Rights In The Americas, Frank Garcia
Integrating Trade And Human Rights In The Americas, Frank Garcia
Frank J. Garcia
This paper analyzes the relationship between the OAS Inter-American human rights system and several regional integration systems, including NAFTA, MERCOSUR and the proposed Free Trade Area of the Americas (FTAA). Broadly speaking, there are two models for the relationship between integration systems and human rights protection: the leverage model and the incorporation model. The leverage model involves making effective participation in extrinsic human rights systems a legal or political condition of integration system membership. The incorporation model focuses on the juridical interpenetration of the two systems at many levels. This paper will focus on the leverage model, as it applies …