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Deference to the Legislature in WTO Challenges to Legislation

Daniel Lovric

Deference to the Legislature in WTO Challenges to Legislation

Deference to the Legislature in WTO Challenges to Legislation

Deference to the Legislature in WTO Challenges to Legislation

 

Challenges to domestic legislation before international tribunals are a growing phenomenon in public international law. Consequently, in the field of global trade, the degree of deference given by WTO tribunals to domestic legislatures in challenges to their legislation is an area of increasing importance to practitioners, government officials and academics.


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Beschrijving Deference to the Legislature in WTO Challenges to Legislation


Challenges to domestic legislation before international tribunals are a
growing phenomenon in public international law. Consequently, in the field of
global trade, the degree of deference given by WTO tribunals to domestic
legislatures in challenges to their legislation is an area of increasing
importance to practitioners, government officials and academics.



This timely work takes a new perspective on the way domestic law is treated at
the international level. Using techniques of domestic constitutional law, it
examines how international tribunals have treated challenges to legislation.
The particular focus is WTO tribunals, but the book also draws on experiences
from other international adjudicators, such as the European Court of Human
Rights. Drawing from these examples, the author examines how international
tribunals have (or have not) deferred to the opinions of the domestic
legislature, and the legal techniques they've used in doing so. The treatment
is detailed and comprehensive, contrasting and summarizing the relevant WTO
case law.





ISBN
9789041131454
Pagina's
264
Verschenen
Rubriek
Ondernemingsrecht
Uitvoering
Hardback
Taal
Engels
Uitgever
Kluwer Law International