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Equality Of Treatment And Trade Discrimination In International Law

Author : Khurshid Hyder
ISBN : 9789401190626
Genre : Law
File Size : 37. 26 MB
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Doctor Hyder's meticulous and comprehensive study throws much needed light on the often invoked but little understood concept of "discrimination" in international law. It is also of great practical value to those who are concerned with the law of international trade. "Discrimination" is a word with bad connotations. It suggests un fairness, prejudice and favouritism. It seems to point to adeparture from the ideal of equal opportunities, equal rewards and even-handed legal protection of all human beings without regard to differences of race, religion, ethnic origin or sex. Similarly, in public international law "discrimination" suggests violation of the principle of equality of states. Yet there are vast areas of international relations in whieh states are regarded as being legally free, except as specially provided in treaties, to make distinctions between other states or their nationals. The principle of equality of states merely means that the many rules constituting what is often called "general (or universal) international law" apply equally to all independent states. Hence, by definition, such states have equal rights and duties under general international law. But the latter leaves vast areas of transnational activity to be regulated by states at their discretion either unilaterally or by special agreement with other states. No state has, in fact, exactly the same totality of rights and duties as other states, since no two states are parties to exactly the same treaties. By treaty, astate often grants to another state a right which it may withhold from third states.

Equality Of Treatment And Trade Discrimination In International Law

Author : Khurshid Hasan
ISBN : OCLC:10177881
Genre : Favored nation clause
File Size : 70. 9 MB
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Equality Of Treatment And Trade Discrimination In International Law

Author : Khurshid H. Hasan
ISBN : OCLC:632592826
Genre :
File Size : 38. 21 MB
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Non Discrimination In International Law And Sovereign Equality Of States

Author : Michail Risvas
ISBN : OCLC:1304335381
Genre :
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The interpretation of non-discrimination clauses lies at the epicenter of the practice of international courts and tribunals. In today's world, an important part of the jurisprudence interpreting non-discriminatory standards, such as the national treatment standard and the most-favorable nation treatment, is in fact “economic.” The reason lies with the ever-expanding fields of international investment law and international trade law, that have brought about the creation of a large body of investor-state arbitration awards, WTO Panel Reports and WTO Appellate Body Reports, all interpreting and applying economic non-discriminatory standards. At the same time, the principle of Sovereign Equality of States, the cardinal organizational and constitutional principle of international relations is constantly the focus of legal and political debates in the international scene. Despite the prominence and prevalence of both concepts, little attention or no attention has been paid to the history of their interrelationship. The present article offers a detailed historical analysis of the relationship between the principles of non-discrimination and Sovereign Equality of States, which is instrumental in the better understanding of both concepts.

Class Act

Author : Anne-Marie Mooney Cotter
ISBN : 9781317165279
Genre : Social Science
File Size : 31. 2 MB
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Even today, class discrimination remains an important global legal issue. This book allows readers a better understanding of the issue of class discrimination and inequality, including the role of education in bridging the class systems. The study seeks to increase the likelihood of achieving equality at both the national and international levels for those suffering class discrimination as the international population becomes increasingly educated, looking at the primary role of legislation, which has an impact on the court process. It also discusses the two most important trade agreements of our day - namely the North American Free Trade Agreement and the European Union Treaty - in a historical and compelling analysis of discrimination. By providing a detailed examination of the relationship between class and education as they relate to the law, the book will be an important read for those concerned with equality.

The Principle Of National Treatment In The Gatt

Author : Mattia Melloni
ISBN : UCSD:31822035382894
Genre : Commercial policy
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The analysis of the principle of national treatment in the GATT has shown many weaknesses or flaws over the years. The language used by GATT/WTO panels and the Appellate Body in interpreting the two prongs of it, namely, likeness and protection, lags behind economic reality. This study reveals those flaws or weaknesses and offers a clearer and sounder legal analysis based on economic criteria. Marrying law with economics seems to me to better help the WTO promulgate transparency amongst its Members while offering them legal certainty. Analogies with the law and the reasoning of the investigating authorities in the United States and the European Communities are drawn to support the legal arguments.

Fairness In The World Economy

Author : Americo Beviglia Zampetti
ISBN : 9781847200280
Genre : Political Science
File Size : 22. 35 MB
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Americo Beviglia Zampetti s Fairness in the World Economy provides an important lens into understanding fairness debates in contemporary trade discourse. . . an important contribution to the trade literature. . . the historical excavation that Fairness in the World Economy provides is of great value. Students and scholars alike will find Zampetti s clear and concise history of US trade policy from the founding to the present to be extremely useful. More importantly, at a time when there is widespread argument that too few share in [globalization s] benefits [and] too many have no voice in its design and no influence on its course, Fairness in the World Economy invites its readers to consider the adequacy of the level playing field notion of fairness and to grapple with the politically contentious question of how trade can help create a more just international economic order. Jeffrey L. Dunoff, The American Journal of International Law This is an unusually timely and insightful work, addressing the crucial issue of the justice of globalization. The author avoids the polemics and abstractions with which this question is usually treated; his economic literacy as well as hands-on policy experience in international and transnational institutions, make this a uniquely practical, balanced and nuanced account, bringing much clarity to a heated debate, which usually divides the different disciplines and specialities rather than inciting their engagement. Robert L. Howse, University of Michigan, Ann Arbor, US This volume describes the birth (with all the birth defects) of the notion of fairness in the US. The extent of the author's research is quite breathtaking: not only does he delve into an infinite series of official and semi-official documents, but he also looks at case law, opinions expressed in the literature etc., to come up with an expression of (US) fairness that does not suffer from selection bias. But this is only half what the author has accomplished through his work. He goes on to examine how US fairness has been exported to international institutions (such as the GATT/WTO regime) and demonstrates how, once discussed and shaped among all trading partners, it has come back to the US in a different form. The book thus provides both the inside out and the outside in perspective. It will prove invaluable for the political scientist, the economic historian and the lawyer alike. Petros C. Mavroidis, Edwin B. Parker Professor of Law, Columbia Law School, US and University of Neuchatel, Switzerland & CEPR This book represents a significant scholarly contribution to the field of international political economy, with particular respect to the evolution of the multilateral trading system. The author engages effectively with the current debate concerning the conflict between the legalistic foundations of the multilateral trading system underpinned by the equality of nation states and the demands for fair trade on the basis of inter-personal equity. It is a coherent and well-researched book on a critically important issue that has not received the significant attention that it deserves within the field of international trade policy. Robert Read, Lancaster University Management School, UK In an international context, fairness is particularly important, since only a system which is perceived by its participants as fair can command acceptance and compliance. The main focus of this study is to investigate the development of the notion of fairness in US trade policy and law as well as the impact this notion has on international trade discussions and rule-making, and especially on the formation of the multilateral trade regime. The contention of the author, Americo Beviglia Zampetti, is that fairness concerns, which have been present in the US trade policy debates and treaty practice since the Republic s inception, have contributed to shaping these debates and practice over the years, both at home and abroad. These concerns were

Legal Aspects Of Trade Preferences For Developing States

Author : Abdulqawi Yusuf
ISBN : 9024725836
Genre : Law
File Size : 59. 7 MB
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The Concept Of Discrimination In International Law

Author : E.W. Vierdag
ISBN : 9789401024303
Genre : Law
File Size : 42. 69 MB
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This book was written as a dissertation for the Doctorate of Laws, University of Amsterdam. I am most grateful, first of all, to Professor A. J. P. Tammes, who acted as Promotor. Throughout my working at this study he managed to afford at the same time guidance, inspiration, and complete freedom. I have also benefited much from the suggestions and advice of Dr. Th. e. van Boven of the Dutch Ministry of Foreign Affairs, Member of the U.N. Commission on Human Rights, who was a very helpful Co referent. In earlier stages of the work, the critical remarks by Mr. S. A. Kuipers, Dr. H. Meijers and Miss J. M. van Wouw were of great im portance to me. So was the experience of participating in the program of graduate studies of the Columbia University School of Law, in I968- I969. lowe gratitude to the Amsterdam Law Faculty for having offered this opportunity to me. I am indebted to Miss Sinja Alma for her transforming a chaotic manuscript into a neat typescript in a most capable and patient manner; to Miss E. D. ]. ]ongens for her assistance in sorting out the United Nations documentation; and to Howard S. Gold (Gersono vitch), who was so kind as to correct the faults in my English. Since I went on tinkering with the text I am to blame for all linguistic errors in it. The research for this study was concluded in October, I972.

Article 2

Author : Bruce Abramson
ISBN : 9789004149175
Genre : Law
File Size : 75. 11 MB
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This volume constitutes a commentary on "Article 2" of the United Nations Convention on the Rights of the Child. It is part of the series, "A Commentary on the United Nations Convention on the Rights of the Child," which provides an article by article analysis of all substantive, organizational and procedural provisions of the CRC and its two Optional Protocols. For every article, a comparison with related human rights provisions is made, followed by an in-depth exploration of the nature and scope of State obligations deriving from that article. The series constitutes an essential tool for actors in the field of childrena (TM)s rights, including academics, students, judges, grassroots workers, governmental, non-governmental and international officers. The series is sponsored by the "Belgian Federal Science Policy Office."

Gender Justice Equality In Employment With Regards To Laws And The Courts Including The North American Free Trade Agreement And The European Economic Community Treaty

Author :
ISBN : OCLC:654173550
Genre :
File Size : 58. 50 MB
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Gender Injustice

Author : Anne-Marie Mooney Cotter
ISBN : 9781351934633
Genre : Law
File Size : 20. 98 MB
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Gender equality and the importance of the law in combating discrimination are issues explored by this insightful work. Gender Injustice allows readers a better understanding of the issue of inequality and aims to increase the likelihood of achieving gender justice in the future. It investigates equality in employment for men and women in terms of the law, at both national and international levels, and looks at the primary role of legislation, which has an impact on the court process. It also discusses the two most important trade agreements of our day - namely the North American Free Trade Agreement and the European Union Treaty - in an historical and compelling analysis of women and equality. By providing a detailed examination of the relationship between gender and the law, the book will be an important read for those concerned with equal pay and equal access to employment.

Comparative Perspectives On The Enforcement And Effectiveness Of Antidiscrimination Law

Author : Marie Mercat-Bruns
ISBN : 9783319900681
Genre : Law
File Size : 48. 2 MB
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This book focuses on anti-discrimination law in order to identify commonalities and best practices across nations. Almost every nation in the world embraces the principle of equality and non-discrimination, in theory if not in practice. As the authors' expert contributions establish, the sources of the principle vary considerably, from international treaties to religious law, traditions and more. There are many approaches to methods of enforcement and other variables, but the principle is nearly universal. What does a comparison of the laws and approaches across different lands reveal? Readers may explore the enforcement and effectiveness of anti-discrimination law from 25 nations, across six continents. Esteemed authors examine national, regional and international systems looking for common and best practices, identifying innovative approaches to long-standing problems. The many ways that anti-discrimination law is enforced are brought to light, from criminal or civil prosecution through to community resolution processes, amongst others. Through comparing the approaches of different lands, the authors consider which methods of enforcement are effective. These enriching national and international perspectives highlight the need for more creative, concrete and coordinated means of enforcement to ensure the effectiveness of anti-discrimination law, regardless of the legal tradition concerned, but in light of these traditions. Readers will find each nation remarkable, and learn something new and interesting from each report.

The Interpretation Of International Investment Law

Author : Todd Weiler
ISBN : 9789004232235
Genre : Law
File Size : 35. 38 MB
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In The Interpretation of International Investment Law: Equality, Discrimination and Minimum Standards of Treatment in Historical Context, author Todd Weiler demonstrates how historiographical analysis should be adopted in the interpretation of international investment law obligations. Weiler subjects some of the most commonly held beliefs about the nature and development of international investment law to a critical re-appraisal, based upon meticulously assembled historical record. In the process, the book provides readers with a fresh perspective on some of the oldest obligations in international law.

Culture Clash

Author : Anne-Marie Mooney Cotter
ISBN : 9781317155867
Genre : History
File Size : 72. 12 MB
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The globalization process has foregrounded ethnic discrimination as an increasingly important area of law around the world. Allowing a better understanding of the issue of ethnic discrimination and inequality, this book offers a comparative analysis of legislation impacting ethnic equality in various Anglophone countries. It demonstrates that it is possible to achieve equality at both national and international levels. A compelling historical analysis of the North American Free Trade Agreement and the European Union Treaty is provided together with a detailed examination of diversity and the law. The book will interest practitioners and others interested in ethnic legal issues.

This Ability

Author : Anne-Marie Mooney Cotter
ISBN : 9781351144667
Genre : Law
File Size : 59. 18 MB
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This Ability is Cotter's third book in a series dealing with discrimination law. Having looked at the theme of 'gender discrimination' in Gender Injustice and 'race discrimination' in Race Matters, this further installment takes a similar approach and structure to illustrate comparisons and contradictions in discrimination law. Disability Law is an increasingly important area in combating disability discrimination. This Ability provides readers with a better understanding of the issue of inequality and aims to increase the likelihood of achieving equality at both the national and international levels for those with disabilities while at the same time educating those without disabilities. The work examines the primary role of legislation and its impact on the court process. It also discusses the two most important trade agreements of our day - namely the North American Free Trade Agreement and the European Union Treaty - in a historical and compelling analysis of discrimination. By providing a detailed examination of the relationship between disability issues and the law, this book will be an important read for those concerned with equality.

The International Law On Foreign Investment

Author : M. Sornarajah
ISBN : 9780521763271
Genre : Law
File Size : 68. 8 MB
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This book is a thought-provoking and authoritative text on this fast moving field of international law.

Heaven Forbid

Author : Anne-Marie Mooney Cotter
ISBN : 9781317123033
Genre : Law
File Size : 77. 26 MB
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As the population becomes more diverse internationally, Religious Discrimination has become increasingly important as an area of law around the world. Heaven Forbid allows readers a better understanding of the issue of religion and inequality and aims to increase the likelihood of achieving equality at both national and international levels for those suffering religious discrimination. Discussing the two most important trade agreements of our day - namely the North American Free Trade Agreement and the European Union Treaty - in a historical and compelling analysis of discrimination, Heaven Forbid provides a detailed examination of the relationship between religious issues and the law, and will be an important read for all those concerned with equality.

International Law Between Universalism And Fragmentation

Author : Isabelle Buffard
ISBN : 9789004167278
Genre : Law
File Size : 81. 80 MB
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This "Festschrift" is published on the occasion of Gerhard Hafnera (TM)s 65th birthday and his retirement as a professor at the University of Vienna. It assembles a great number of renowned friends and colleagues in international law honouring Gerhard Hafnera (TM)s outstanding career as scholar, diplomat, legal adviser and arbitrator. The diversity of areas selected for this "Festschrift" reflects the generalist approach of Gerhard Hafner towards international law. Among the topics on which his contribution was particularly influential are the fragmentation of international law, the law of State immunity and international criminal law, which feature prominently in the "Festschrift." Other areas covered are the theory of international law (including sources), basic principles of international law, codification of international law, subjects of international law, international dispute settlement, the law of the sea and international environmental law, human rights and humanitarian law and the law of the European Union.

Comparative Discrimination Law

Author : Laura Carlson
ISBN : 9789004345454
Genre : Law
File Size : 40. 43 MB
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