Evidence, Proof, and Fact-Finding in WTO Dispute Settlement

Author: Michelle T. Grando

Publisher: Oxford University Press

ISBN: 019957264X

Category: Law

Page: 410

View: 7392

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This book examines how a World Trade Organization (WTO) dispute settlement panel formulates its conclusions with respect to the facts of a dispute brought before it. It does so by discussing the legal concepts which shape the process of fact-finding, analysing the approach taken by panels thus far and offering suggestions for improvement.
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La jurisprudence de l'OMC / The Case-Law of the WTO, 1999-1

Author: Brigitte Stern,Hélène Ruiz Fabri

Publisher: BRILL

ISBN: 9047421507

Category: Law

Page: 580

View: 7168

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This bilingual volume is the fourth in a series, which has the ambition to present the “jurisprudence” of the WTO, in a simple, coherent and systematic fashion. Ce volume est le quatrième d’une série d’ouvrages ayant pour ambition de présenter la « jurisprudence » de l’OMC, de façon simple, cohérente et systématique.
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The Law And Practice Of The International Court, 1920-2005

Author: Shabtai Rosenne,Yaël Ronen

Publisher: Martinus Nijhoff Publishers

ISBN: 9004139583

Category: Law

Page: 1

View: 9908

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The popularity of his monumental and definitive works have established Shabtai Rosenne as the undisputed expert on the International Court of Justice s law and practice. His broad exchange of correspondence and extensive conversations with members of the Court and its Registrars, as well as with other friends who know the Court and its practices well, and his experience in the Court and in the UN, especially the General Assembly and the Security Council, led him to undertake this major reconstruction of this work in the previous edition. Now divided into several substantive volumes, the work addresses: The Court as one of the principal organs, and as the principal judicial organ of the United Nations. Diplomats and legal advisers who have to deal with matters relating to the Court on a political level, in different organs of the United Nations and in other offices will appreciate the full discussion of the diplomatic, political, and administrative aspects of the Court s affairs. Jurisdiction and the treatment of jurisdictional matters by the Court. This volume also includes the Court s advisory jurisdiction; the advisory work has related to very difficult legal issues in matters of major political import. The Court s procedure.All of these arenas have undergone significant recent changes. The work s practical features include the English text of the Charter of the United Nations, the Statute of the Court, the Practice Directions, and the 1978 Rules of the Court, together with a full set of indexes. The Fourth Edition (updated until 31 December 2005) of The Law and Practice of the International Court is an essential component of all international law libraries and an indispensable work for those practicing in the field, all of whom will appreciate access to the most recent work on the Court from this expert author.
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The Relevant Market in International Economic Law

A Comparative Antitrust and GATT Analysis

Author: Christian A. Melischek

Publisher: Cambridge University Press

ISBN: 1107031524

Category: Business & Economics

Page: 401

View: 3614

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An in-depth analysis of 'product likeness' in GATT law - the key concept for the application of the non-discrimination principle.
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Deference in International Courts and Tribunals

Standard of Review and Margin of Appreciation

Author: Lukasz Gruszczynski,Wouter Werner

Publisher: OUP Oxford

ISBN: 0191026506

Category: Law

Page: 400

View: 6328

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International courts and tribunals are often asked to review decisions originally made by domestic decision-makers. This can often be a source of tension, as the international courts and tribunals need to judge how far to defer to the original decisions of the national bodies. As international courts and tribunals have proliferated, different courts have applied differing levels of deference to those originial decisions, which can lead to a fragmentation in international law. International courts in such positions rely on two key doctrines: the standard of review and the margin of appreciation. The standard of review establishes the extent to which national decisions relating to factual, legal, or political issues arising in the case are re-examined in the international court. The margin of appreciation is the extent to which national legislative, executive, and judicial decision-makers are allowed to reflect diversity in their interpretation of human rights obligations. The book begins by providing an overview of the margin of appreciation and standard of review, recognising that while the margin of appreciation explicitly acknowledges the existence of such deference, the standard of review does not: it is rather a procedural mechanism. It looks in-depth at how the public policy exception has been assessed by the European Court of Justice and the WTO dispute settlement bodies. It examines how the European Court of Human Rights has taken an evidence-based approach towards the margin of appreciation, as well as how it has addressed issues of hate speech. The Inter-American system is also investigated, and it is established how far deference is possible within that legal organisation. Finally, the book studies how a range of other international courts, such as the International Criminal Court, and the Law of the Sea Tribunal, have approached these two core doctrines.
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Evidence

Author: Andrew Choo

Publisher: Oxford University Press

ISBN: 0199601151

Category: Law

Page: 480

View: 7068

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Choo's Evidence provides a lucid and concise account of the principles of the law of civil and criminal evidence in England and Wales. Critical and thought-provoking, it is the ideal text for undergraduate law students.
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The Authority of the Security Council Under Chapter VII of the UN Charter

Legal Limits and the Role of the International Court of Justice

Author: David Schweigman

Publisher: Martinus Nijhoff Publishers

ISBN: 9789041116413

Category: Political Science

Page: 354

View: 3434

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This volume discusses the legal limits to the authority of the Security Council under Chapter VII of the United Nations Charter. The interest in this topic regained importance when the Security Council started to play an increasingly active role after a period of dormancy between 1945 and 1990. The work describes various approaches to Charter interpretation, provides an overview of the Council's powers under the Charter and surveys the Council's recent practice with regard to the maintenance of international peace and security. Subsequently the sources and contents of the limits to the Council's authority are analyzed. This is followed by an analysis of the role of the International Court of Justice, which includes an overview of the main obstacles to, and possibilities of, judicial review by the Court of Council decisions taken under Chapter VII. Finally, the work discusses recent proposals to enhance the Council's legitimacy.
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