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Trade in Water Under International Law
It is clear that more sustainable and efficient use of fresh water resources will become crucial in future global water management to avoid major threats to biological life. Trade in Water Under International Law offers a careful and well-reasoned introduction and analysis of this emerging and largely unchartered subject of international trade law, which has hitherto been of key importance in domestic law and policy, exploring the potential and limits of addressing the use of water resources in the context of World Trade Organization law.
Non-violation Complaints in WTO Law
Non-violation complaints are a particular feature of the WTO legal order. Ever since the GATT came into force, non-violation complaints, based upon the tradition of bilateral US Trade Agreements, have puzzled scholars and practitioners alike. This book provides an in-depth analysis of panel practice and theory on the subject. It offers a new approach to reading and interpreting non-violation within contemporary international law. The reader will find not only a comprehensive analysis but also a new theory on non-violation complaints, based upon international liability. The book will be of help to all dealing with the complexities of WTO law and litigation and assist them in understanding the functioning of the WTO.
World Trade, Child Labour and Transnational Constitutionalism
The Open Access publication of this book has been made possible by the Swiss National Science Foundation. Is the current structure of international law still adequate to solve global problems such as child labour? This book argues for more coherence between human rights and trade law, analysing the world trade law compatibility of topical trade measures on (forced) child labour such as the US Tariff Act of 1930 or the proposal for an EU Forced Labour Regulation, mainly under the GATT non-discrimination principles and the policy exceptions clause. Discussing theories such as constitutionalism and pluralism, Franziska Humbert develops the idea of a New Legal Humanism as a cognitive frame for the global legal order.
International Protection of Traditional Knowledge under the Law of Trademarks and Geographical Indications
The open access publication of this book has been published with the support of the Swiss National Science Foundation. This comprehensive book explores how traditional knowledge (TK) intersects with global intellectual and ecological discussions within the framework of intellectual property rights (IPRs). It provides practical solutions for local communities, indigenous peoples, and policymakers to protect and utilize TK effectively, including a detailed case study on Persian Carpets. Drawing on unique insights from key international organizations such as WIPO, WTO, and UNESCO, this book is an indispensable resource for legal scholars, students, and practitioners seeking to understand and strengthen TK protection under IPRs. The reader will discover strategies to prevent TK misappropriation and promote fair legal frameworks worldwide.
The Making of Modern Switzerland, 1848-1998
A fascinating collection of essays by leading British and Swiss scholars which explore the development of Swiss democracy from 1848 to the present day. Culture and literature, politics and economics are looked at in turn in an attempt to unravel the extraordinary success of this microcosmic, multicultural society at the heart of Europe. The problem of contemporary Switzerland, faced with rapid changes within the European Union, are outlined with refreshing candour. The question is posed whether the country can retain its distinctive identity and traditional attitudes while at the same time seeking closer cooperation with the newly emerging Europe and accepting the challenges of the globalized economy.
The Role of the Judge in International Trade Regulation
The WTO is generally seen as a key actor of globalization and, as such, has been the point of convergence of popular irritation worldwide. Many of the reproaches addressed to the WTO show civil societys concern with what is perceived as a democratic deficit in the way the organization operates. The main fear is to see trade rise as the ultimate value, prevailing over concerns such as health and environment. The Role of the Judge offers insight into how disputes are solved at the WTO level, into how the judicial branch interacts with the rest of the organization, and into the degree of sensitivity of the system to external input. The book sheds light on the judicial system governing the WTO a...
The Law and Economics of Globalisation
The diversity of author backgrounds, coupled an assortment of provocative insights, makes this book a useful tool for delving into the meat of globalization, providing a succinct but authoritative overview of the underpinnings necessary to appreciate the who, what, where, and when of globalization. American Society of International Law This is a fascinating and insightful set of essays, the relevance of which has only increased with the financial and economic crisis. The ideas and basic positions of the authors range wide, but that is exactly what we require as we struggle to understand twenty-first century globalisation and what to do about it. I should like to see it in the hands of all ac...
