Conflict of Norms in Public International Law: How Wto Law Relates to Other Rules of International Law
His recurring theme is how to marry trade and non-trade rules, or
economic and non-economic objectives at the international level.
One of the most prominent and urgent problems in international
governance is how the different branches and norms of international
law interact and what to do in the event of conflict. With no
single ''international legislator'' and a multitude
of states, international organisations and tribunals making and
enforcing the law, the international legal system is decentralised.
This leads to a wide variety of international norms, ranging from
customary international law and general principles of law, to
multilateral and bilateral treaties on trade, the environment,
human rights, the law of the sea, etc.
Pauwelyn provides a framework on how these different norms
interact, focusing on the relationship between the law of the World
Trade Organisation (WTO) and other rules of international law. He
also examines the hierarchy of norms within the WTO treaty. His
recurring theme is how to marry trade and non-trade rules, or
economic and non-economic objectives at the international
level.
Table of contents:
Preface; Table of cases; List of abbreviations; Introduction; 1.
The topic and its importance: conflict of norms in public
international law; 2. The case study: the law of the World Trade
Organisation; 3. Hierarchy of sources; 4. Accumulation and conflict
of norms; 5. Conflict-avoidance techniques; 6. Resolving
''inherent normative conflict''; 7. Resolving
''conflict in the applicable law'' 8. Conflict of
norms in WTO dispute settlement; Conclusions; Bibliography;
Index.
Review quote(s):
"Joost Pauwelyn is to be applauded for raising these issues
and for illuminating them with intensive research and great
analytical acuity."
--American Journal of International Law
"Pauwelyn''s book deserves many credits for its unique
value and contributions. It touches on an important subject-matter
in the area of public international law. Undoubtedly, it is a
laudable attempt to define conflict of norms in public
international law, especially between WTO norms and non-WTO norms,
in times of globalization and growing interdependence. The book is
a product of serious enterprise both in its inclusiveness and
profundity. It is very well-researched and rich in citations of
jurisprudence and literatures."
-- Global Law Books, Sungjoon Cho
"Joost Pauwelyn is to be applauded for raising these issues and for illuminating them with intensive research and great analytical acuity." --American Journal of International Law "Pauwelyn's book deserves many credits for its unique value and contributions. It touches on an important subject-matter in the area of public international law. Undoubtedly, it is a laudable attempt to define conflict of norms in public international law, especially between WTO norms and non-WTO norms, in times of globalization and growing interdependence. The book is a product of serious enterprise both in its inclusiveness and profundity. It is very well-researched and rich in citations of jurisprudence and literatures." -- Global Law Books, Sungjoon Cho
Joost Pauewlyn is Associate Professor of Law at Duke University School of Law.
Inhaltsangabe
Preface Table of cases List of abbreviations Introduction 1. The topic and its importance: conflict of norms in public international law 2. The case study: the law of the World Trade Organisation 3. Hierarchy of sources 4. Accumulation and conflict of norms 5. Conflict-avoidance techniques 6. Resolving 'inherent normative conflict' 7. Resolving 'conflict in the applicable law' 8. Conflict of norms in WTO dispute settlement Conclusions Bibliography Index.
