John H. Jackson (1932–2015)

2016 ◽  
Vol 110 (2) ◽  
pp. 260-268
Author(s):  
Donald McRae
Keyword(s):  
International Trade ◽  
International Law ◽  
World Trade ◽  
Legal Scholar ◽  
Economic Law ◽  
Trade Law ◽  
International Trade Law ◽  
The Law ◽  
The Government

It is with the deepest regret that the Journal records the passing of John Jackson—teacher, scholar, contributor to this Journal and longtime member of its editorial board, and pioneer of international trade and economic law. The following is a tribute to John in recognition of his immense contribution to international law.In 1969, World Trade and the Law of GATT was published. In some sense, this was the beginning of what is known today as international trade law. Based on meticulous research into documents of the General Agreement on Tariffs and Trade (GATT), which hitherto had barely seen the light of day and certainly not the eyes of scholars, the work was to be”pragmatic” and designed to address the “intricate complexity” of the law of GATT and to be of use to “the government or GATT official, the private attorney and the legal scholar.” The scale was ambitious but characteristically expressed in modest terms.

Sources of International Trade Law

2018 ◽  
Author(s):  
Joost Pauwelyn
Keyword(s):  
International Trade ◽  
World Trade Organization ◽  
International Law ◽  
World Trade ◽  
General Rule ◽  
Trade Law ◽  
International Trade Law ◽  
Limited Role ◽  
The World ◽  
Legal Positivist

This chapter argues that the World Trade Organization (WTO) approach to sources of law is legal-positivist, non-teleological, and focused predominantly on the text of WTO covered agreements as explicitly agreed to by WTO members. This approach places heavy reliance on a de facto rule of precedent and an increasing role for non-binding instruments, with little or no reference to academic writings and a limited role for non-WTO rules of international law other than mainly procedural rules of general international law. Moreover, the WTO’s sources doctrine remains relatively traditional or mainstream. It is difficult to speak of a WTO- or trade-specific ‘deviation’ from the general rule of recognition regarding the establishment of sources. At the same time, the WTO experience does have specific features, with a more prominent role for some sources over others and some pushing of the boundaries when it comes to certain less traditional sources of international law.

scholarly journals The implication of the precautionary principle on international trade

2021 ◽  
Author(s):  
◽  
Fitria Anindhita H. Wibowo
Keyword(s):  
International Trade ◽  
World Trade Organization ◽  
International Law ◽  
Precautionary Principle ◽  
World Trade ◽  
The Precautionary Principle ◽  
Trade Law ◽  
International Trade Law ◽  
The World ◽  
Wto Agreements

<p>This paper looks at the origin and nature of the precautionary principle as an emerging principle in international law that arises as a response to the impacts of human activities on the environment. As a chosen focus, this paper discusses the implication of the precautionary principle on international trade by looking at its relationship and interaction with international trade law under the World Trade Organization. This paper explores the consistency and conflicts between the precautionary principle and the rules under the WTO Agreements by examining the different and possibly similar values underlying both. This paper discusses the problem areas where the precautionary principle can conflict with WTO rules as well as explore areas where they can be made to comply with each other.</p>

scholarly journals The implication of the precautionary principle on international trade

2021 ◽  
Author(s):  
◽  
Fitria Anindhita H. Wibowo
Keyword(s):  
International Trade ◽  
World Trade Organization ◽  
International Law ◽  
Precautionary Principle ◽  
World Trade ◽  
The Precautionary Principle ◽  
Trade Law ◽  
International Trade Law ◽  
The World ◽  
Wto Agreements

<p>This paper looks at the origin and nature of the precautionary principle as an emerging principle in international law that arises as a response to the impacts of human activities on the environment. As a chosen focus, this paper discusses the implication of the precautionary principle on international trade by looking at its relationship and interaction with international trade law under the World Trade Organization. This paper explores the consistency and conflicts between the precautionary principle and the rules under the WTO Agreements by examining the different and possibly similar values underlying both. This paper discusses the problem areas where the precautionary principle can conflict with WTO rules as well as explore areas where they can be made to comply with each other.</p>

23. International Investment Law

2018 ◽  
Author(s):  
Surya P Subedi
Keyword(s):  
International Trade ◽  
International Law ◽  
International Investment ◽  
International Regulation ◽  
International Investment Law ◽  
Trade Law ◽  
International Trade Law ◽  
Finance Law ◽  
Recent Trends ◽  
Investment Law

This chapter discusses the development and current state of international investment law, which encompasses international finance law, international trade law, international investment law, and regional economic trade agreements. Recent progressions in the area of international financial law, international trade law, and investment law demonstrate that other areas of international regulation have a decisive influence on international investment law. Moreover, international investment law is more increasingly focused on development concerns. International investment law is currently going through an exciting phase in its development. It has now become one of the fastest changing areas of international law with exciting and far-reaching implications for both investment-receiving and investment-exporting countries, thanks to enterprising claimants and innovative interpretations and expansive approaches adopted by international investment tribunals. This chapter seeks to capture the law and the recent trends in both State practice and jurisprudence in this area of international law.

scholarly journals Mapping the Potential Interactions between UNESCO’s Intangible Cultural Heritage Regime and World Trade Law

2018 ◽  
Vol 25 (4) ◽  
pp. 419-448
Author(s):  
Tomer Broude
Keyword(s):  
International Trade ◽  
Cultural Heritage ◽  
World Trade ◽  
Analytical Framework ◽  
Intangible Cultural Heritage ◽  
Legal Analysis ◽  
Trade Law ◽  
International Trade Law ◽  
Phytosanitary Measures ◽  
Potential Interactions

Abstract:The 2003 Convention for the Safeguarding of Intangible Cultural Heritage (CSICH) was not intended to have legal repercussions in international trade. Nevertheless, intangible cultural heritage (ICH) may interact with trade regulation under various scenarios. The CSICH “Representative List” inscribes numerous ICH elements with real and potential international commercial aspects and consequent trade law implications. These emergent trade law–ICH regime dynamics require not only some critical reflection (for example, is safeguarding of ICH ultimately dependent on commodification or, at least in some cases, significantly prone to commercial capture?) but also doctrinal legal analysis. This article undertakes a survey of many plausible ICH–trade interactions (generally excluding intellectual property issues), providing an analytical framework with reference to a series of case sketches of selected CSICH inscriptions such as kimjang, beer culture in Belgium, and yoga. These and other cases may indeed raise issues under world trade law, including the General Agreement on Tariffs and Trade, the General Agreement on Trade in Services, the Agreement on Technical Barriers to Trade, the Agreement on Sanitary and Phytosanitary Measures, and subsidies regulation. Trade law may have underestimated the significance of ICH as a growing field. At the same time, ICH law may be developing without thinking through how it is impacted by commercial interests and international trade law.

Sign in / Sign up

Export Citation Format

Share Document