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Preface

International Economic Law Perspectives

Edited by Celine Tan and Julio Faundez

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Introduction

International Economic Law Perspectives

Celine Tan and Julio Faundez

The current economic and ecological climate calls for a reappraisal of the international legal and political framework governing natural resources, defined broadly to include materials and organisms naturally occurring in the environment, such as water, mineral and fossil fuels, and cultivated resources, such as food crops, both renewable and exhaustible. This reappraisal is urgent because the governance and management of natural resources have formed a pivotal backdrop to the evolution of international economic law in the post-war period and have been critical components of the process of economic globalization. Contributors to this collection explore the different dimensions of natural resource governance in the contemporary economic, political and legal landscape. They reflect upon and address the different aspects of the conflicts and contradictions arising at the intersection between international economic law, sustainable development and other areas of international law, notably human rights law and environmental law.

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Peggy E. Chaudhry

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Larissa van den Herik

This chapter introduces the Research Handbook on UN Sanctions and International Law. The Research Handbook studies UN sanctions in a holistic manner so as to identify cross-cutting issues and common challenges, be they substantive, procedural, practical or political, and to gauge general trends. One trend that can currently be witnessed across regimes may be a partial return to more comprehensive sanctions. Another trend, to some extent related, is the rise of unilateral sanctions, particularly also EU regional sanctions, raising questions of interaction between parallel sanctions regimes. This Research Handbook examines interplays and synergies between UN sanctions and unilateral measures and it explores the different legal frameworks that shape and govern these respective regimes. The Research Handbook frames the analyses of UN sanctions through the notions of ‘individualization’ and ‘formalization’. These notions are introduced in this chapter. In the context of individualization, the legal basis for the Security Council to impose sanctions on actors other than States is discussed as well as the sliding scale from comprehensive to targeted sanctions, evoking the question whether there are also different shades of individualization. The chapter proposes a loose notion of ‘formalization’ as capturing sites where substantive or institutional norms or other rule of law considerations have infused the political setting in which UN sanctions operate. The notion is thus used to offer a shared vocabulary allowing for cross-cutting observations. After introducing those notions, the chapter maps the contents of the Handbook and offers a tentative outlook on the future role and position of UN sanctions. Keywords UN sanctions, individualization, formalization, interplay with EU sanctions

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Edited by Peggy E. Chaudhry

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Edited by Peggy E. Chaudhry

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Ljiljana Biukovic and Pitman B. Potter

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Thomas Cottier

The call for domestic policy space characterizes recent debates on trade and investment in international economic law. In the wake of globalization, the creation of the World Trade Organization and a number of new agreements, critics deplore the loss of policy space in domestic law and on national levels, particularly in developing countries. As trade liberalization has reached an end, the call for more domestic policy space and a less intrusive framework of international law has become urgent. This chapter illuminates that policy space is a neutral concept, equally applying to domestic law and to the realm of international law and within different layers. From the point of view of regulatory theory and the doctrine of multilevel governance, policy space amounts to an inherent and necessary component. While it is mainly invoked as a means to increase the scope for domestic action and to limit the impact of international law, regulatory theory suggests using the concept in a neutral manner, realizing appropriate allocation of powers to domestic law, international law and among different bodies on layers of governance. In addition, international trade law is a prime example of the need for carefully protecting policy space on the level of international law to limit pre-existing domestic policy space. The relationship between trade and human rights is especially complex. Historically sharing the same roots, human rights and trade policy have developed in completely separate fora and constituencies. Effective protection of human rights calls for less domestic policy space and stronger guarantees and procedures in international law. This chapter therefore concludes that trade, human rights and policy space are inherently intertwined and need to be dealt with accordingly.

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Integration through law

A Critical Assessment of the EU-SADC Economic Partnership Agreement

Clair Gammage

Chapter 1 presents the main epistemological framework and ontological claims of the book and asserts that regions should be understood primarily as legal regimes. Through the marriage of material power, ideational forces and institutions this book aims to promote an understanding of regions as fundamentally legal regimes. The law generates an assumption of the ‘right’ and ‘just’ way to live, guiding behaviour of institutions and of people through legal codification of norms. Legal philosophers are concerned with the validity of legal norms, their claim to correctness, and to understanding the reasoning and logic of the legal system while sociologically informed analyses of law seek to reveal the practical or empirically valid nature of legal norms in relation to other spheres of action, such as politics and the economy. Using the discourse theory of law, this book proposes that legitimate law is that which is normatively perceived to provide ‘good’ reasons for action. This book aims to demonstrate how legitimate law can emerge from a discursive and participative process of deliberation. It will be argued that the EPAs have created discursive spaces for deliberation albeit the inclusion of non-state actors in that process across the regional groupings has been limited. As such, the extent to which the EPAs constitute legitimate legal regimes in a Habermasian sense is questionable.

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Andrej Savin

This chapter is an introduction to Internet regulation in the EU. It explains how Internet architecture influences its regulation and how regulation, in turn, can have an impact on the architecture. Policy, governance, competence to regulate and various regulatory circles (e-commerce, telecoms, audio-video media services) are covered. Internet law, Cyberlaw, Internet governance, Internet policy, telecommunications law