Sealing animal welfare into the GATT exceptions: the international dimension of animal welfare in WTO disputes

2013 ◽  
Vol 13 (3) ◽  
pp. 471-498 ◽  
Author(s):  
KATIE SYKES
Keyword(s):  
Animal Welfare ◽  
International Law ◽  
The Other ◽  
Legal Norms ◽  
International Dimension ◽  
Trade Law ◽  
International Trade Law ◽  
Welfare Measures ◽  
The One ◽  
The Relationship

AbstractEC–Seal Products has been characterized as a contest between local moral preferences about animal welfare, on the one hand, and global commitments to trade disciplines on the other. But that description fails to take into account the development of international legal norms concerning animal welfare and their relevance to this case, as well as to other potential disputes involving animal welfare measures that affect trade. The international dimension of animal welfare implicates two ongoing debates in international trade law: what the relationship should be between WTO law and general international law, and the extent to which ‘public morals’ under Article XX(a) of GATT can be locally defined or need to be internationally shared. This Article examines the argument that there is a general principle of international law concerning animal welfare, and analyzes the role that international norms regarding animal welfare should play in EC–Seal Products.

From Autonomy to Integration? International Law, Free Trade and the Environment

2008 ◽  
Vol 77 (3) ◽  
pp. 253-273 ◽  
Author(s):  
Michael Mehling ◽  
Anja Lindroos
Keyword(s):  
International Law ◽  
Environmental Law ◽  
Case Law ◽  
International Environmental Law ◽  
International Treaty ◽  
Trade Law ◽  
International Trade Law ◽  
Trade And The Environment ◽  
Relationship Of ◽  
The Relationship

AbstractOur current understanding of so-called “self-contained regimes” is based on an overly simplistic appreciation of how such regimes interact with each other and with the larger body of international law. Drawing on an analysis of WTO case law, this article highlights two distinct normative relations, addressing the relationship of international trade law vis-à-vis general international law and international environmental law. As the analysis reveals, further differentiation of normative relationships is needed to better understand how such seemingly independent regimes operate in a fragmented legal system. It also shows that a recently proposed interpretative tool, systemic integration, raises new questions and challenges traditional conceptions of international treaty law.

Treaties on Transit of Energy via Pipelines and Countermeasures

2015 ◽  
Author(s):  
Azaria Danae
Keyword(s):  
International Law ◽  
Dispute Settlement ◽  
The Other ◽  
Competing Interests ◽  
Other Hand ◽  
Energy Charter Treaty ◽  
International Responsibility ◽  
The One ◽  
Bilateral Treaties ◽  
The Relationship

This monograph examines the relationship between treaties providing for uninterrupted energy transit and countermeasures under the law of international responsibility. It analyses the obligations governing energy transit through pipelines in multilateral and bilateral treaties, looking at the WTO Agreement, the Energy Charter Treaty, and sixteen bespoke pipeline treaties. It argues that a number of transit obligations under these treaties are indivisible, reflecting the collective interests of states parties. The analysis is placed in the historical and normative landscape of freedom of transit in international law. After setting out the content and scope of obligations concerning transit of energy, it distinguishes countermeasures from treaty law responses, and examines the dispute settlement and compliance supervision provisions in these treaties. Building on these findings, the work discusses the availability and lawfulness of countermeasures as, on the one hand, a means of implementing the transit state’s responsibility for interruptions of energy transit via pipelines; and, on the other hand, circumstances that preclude the wrongfulness of the transit state’s interruptions of transit. The competing interests of the transit state and those of the states dependent on the pipeline make this question one of the most controversial aspects of modern international law.

The Relationship between Legality and Legitimacy: A Double-Edged Sword

2019 ◽  
pp. 302-310
Author(s):  
Dana Burchardt
Keyword(s):  
The Other ◽  
Two Dimensional ◽  
Legal Norms ◽  
Other Hand ◽  
Norm Theory ◽  
The One ◽  
The Relationship

This comment on Thilo Marauhn’s chapter addresses the relationship between legality and legitimacy from a norm-related perspective. It inquires into the reasons for the two-dimensional relationship between legality and legitimacy through the lens of norm theory. It considers legal norms on the one hand and legitimacy norms on the other hand, interrogating how these different kinds of norms can coexist, interrelate, and influence each other and what functions they can fulfil in the international sphere. By doing so, it highlights to what extent legal norms and legitimacy norms compete and complement each other—where the double-edged sword in the relationship between legality and legitimacy can be used for undercutting or rather for defending each other.

International Law Association, Committee on Cultural Heritage Law (London, England, May 17–18, 2007)

2008 ◽  
Vol 15 (4) ◽  
pp. 411-412
Author(s):  
Beat Schönenberger
Keyword(s):  
International Trade ◽  
Cultural Heritage ◽  
International Law ◽  
Armed Conflict ◽  
Trade Law ◽  
International Trade Law ◽  
The Relationship

The Committee on Cultural Heritage Law of the International Law Association (ILA) held an interim meeting in London on May 17–18, 2007. After completing the work on the Principles for Cooperation in the Mutual Protection and Transfer of Cultural Material on the occasion of the Seventy-Second Conference in Toronto 2006, the committee has now two projects on its agenda. The first one is concerned with a study of the concept of safe havens for temporary deposit of cultural material rescued from circumstances of armed conflict and other serious threats; the second study deals with the relationship between international trade law and cultural heritage law.

scholarly journals PEMBENTUKAN KERANGKA HUKUM INTERNASIONAL BAGI PENCEGAHAN PERDAGANGAN KAYU ILEGAL

Yuridika ◽  
2012 ◽  
Vol 27 (3) ◽  
Author(s):  
Aktieva Tri Tjitrawati
Keyword(s):  
International Trade ◽  
International Law ◽  
State Government ◽  
Forest Products ◽  
Illegal Logging ◽  
Legal Regime ◽  
Trade Law ◽  
International Trade Law ◽  
Production And Consumption ◽  
The Relationship

The implementation of international trade in the forest products that related with sustainable production and consumption cycle process include the legal regime of international trade in natural resources, the State Government exporters and importers, as well as markets in importing countries. International trade law regime is still have a weak role in preventing the illegal logging trade, hence it is required a International Law drafting concepts which can avoid illegal actions by obligating the exporters or the exporter countries with certain obligations. These efforts require a reconceptualization the relationship between trade and environment, which until now are often placed in the same dichotomy.Key Word: Legal Frame, Prevention, Illegal Logging.

Reactions to Non-Performance of Treaties in International Law

2012 ◽  
Vol 25 (3) ◽  
pp. 759-770 ◽  
Author(s):  
SERENA FORLATI
Keyword(s):  
International Law ◽  
The Other ◽  
Current Understanding ◽  
International Treaties ◽  
Legal Regime ◽  
Limited Role ◽  
International Responsibility ◽  
The Law ◽  
The One ◽  
The Relationship

AbstractIdentifying the range of lawful reactions to non-performance of treaties is still problematic, as shown by the case concerning the Application of the Interim Accord of 13 September 1995 (FYROM/Greece). After reviewing the current understanding of the relationship between the law of treaties and the law of international responsibility, the author analyses the legal regime pertaining to suspension and termination of treaties on grounds of breach, on the one hand, and, on the other, to countermeasures, arguing that the exceptio inadimpleti contractus may still play an independent, albeit limited, role as a reaction to lawful non-performance of international treaties.

The Cultural Heritage Law Committee of the International Law Association: Special Session, June 8, 2009, Geneva, Switzerland

2009 ◽  
Vol 16 (4) ◽  
pp. 415-416
Author(s):  
Robert K. Paterson ◽  
James A. R. Nafziger
Keyword(s):  
International Trade ◽  
Cultural Heritage ◽  
International Law ◽  
Rio De Janeiro ◽  
Special Session ◽  
Export Controls ◽  
Trade Law ◽  
International Trade Law ◽  
The Relationship ◽  
Protection Of Cultural Heritage

In August 2008 the Seventy-third Conference of the International Law Association (ILA) in Rio de Janeiro adopted the Cultural Heritage Law Committee's “Guidelines for the Establishment and Conduct of Safe Havens for Cultural Material,” the text of which appears in this issue. The Committee, after discussing its on-going project concerning the relationship between international trade law and the protection of cultural heritage, decided to focus on national export controls.

scholarly journals The relation between the bases of law-making and legal awareness as a factor of social and legal relations

2020 ◽  
Vol 2020 (2) ◽  
pp. 24-29
Author(s):  
Leonid Karnaushenko
Keyword(s):  
World View ◽  
The Other ◽  
Legal Consciousness ◽  
Social Meaning ◽  
Legal Norms ◽  
General Meaning ◽  
The One ◽  
The Relationship ◽  
Different Levels ◽  
Law Making

The article is devoted to the problem of the relationship between the value and purpose aspects of law-making on the one hand and the foundations of legal awareness on the other. The article analyzes the main factors influencing the process of formation of legal norms. The general meaning of law in society and its functional meaning are analysed. Factors of interaction between law and society at different levels of social organization are assessed. The main forms of attitude to legal norms are considered. A mechanism for assessing the law at the level of an individual world view is disclosed. The importance of the relationship between the bases of law-making and the bases of assessment of the field of law is investigated. The question was raised as to how they could be brought into line with each other. The presented text of the article comprehends the correlation of the axiological and teleological foundations of lawmaking on the one hand and the sphere of legal awareness on the other. It is taken into account that legal consciousness is dialectically determined as well as determined by lawmaking. In fact, the creation of legal norms as elements of cash reality does not occur due to the action of ideal actors excluded from a certain legal paradigm. On the contrary, existing patterns of legal awareness determine the legal reality of the future (both at the level of positing and negation). The indicated relationship also has a phenomenological side of refraction, namely. The real legal regularity and the same regularity in the representation and perception of consciousness do not always coincide. This is due to various aspects: from pragmatic and functional to ethical, psychological and mental. This article is an attempt to uncover the philosophical, legal and social meaning of the relationships described above.

The Paris Agreement’s Article 6 Market Mechanisms and wto Law

Climate Law ◽  
2021 ◽  
Vol 11 (3-4) ◽  
pp. 279-297
Author(s):  
Gillian Moon ◽  
Christoph Schwarte
Keyword(s):  
Potential Interaction ◽  
Market Mechanisms ◽  
The Sustainable Development ◽  
International Dimension ◽  
Trade Law ◽  
International Trade Law ◽  
Law And Policy ◽  
International Trading ◽  
International Climate ◽  
The Relationship

Abstract The article analyses the market-based approaches in Article 6 of the Paris Agreement with respect to their potential interaction with international trade law. It focuses on the international dimension of Article 6 and the tensions associated with international trading of mitigation outcomes (under paragraphs 2–3 of the Article) and emission-reduction units generated through the sustainable development mechanism (paragraphs 4–7). We find that while there are significant normative tensions and legal uncertainties in the relationship between the regimes, international cooperation across the two law- and policy-making arenas could also help to develop new approaches to aligning wto trade law with international climate objectives.

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