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Conflict of Norms in Public International Law Joost Pauwelyn (Institut Universitaire de Hautes Etudes Internationales, Geneva)

Conflict of Norms in Public International Law By Joost Pauwelyn (Institut Universitaire de Hautes Etudes Internationales, Geneva)

Summary

One of the most prominent and urgent problems in international governance is how the different branches and norms of international law interact and what to do in the event of conflict. With no single 'international legislator' and a multitude of states, international organisations and tribunals making and enforcing the law, the international legal system is decentralised.

Conflict of Norms in Public International Law Summary

Conflict of Norms in Public International Law: How WTO Law Relates to other Rules of International Law by Joost Pauwelyn (Institut Universitaire de Hautes Etudes Internationales, Geneva)

One of the most prominent and urgent problems in international governance is how the different branches and norms of international law interact and what to do in the event of conflict. With no single 'international legislator' and a multitude of states, international organisations and tribunals making and enforcing the law, the international legal system is decentralised. This leads to a wide variety of international norms, ranging from customary international law and general principles of law, to multilateral and bilateral treaties on trade, the environment, human rights, the law of the sea, etc. Pauwelyn provides a framework on how these different norms interact, focusing on the relationship between the law of the World Trade Organisation (WTO) and other rules of international law. He also examines the hierarchy of norms within the WTO treaty. His recurring theme is how to marry trade and non-trade rules, or economic and non-economic objectives at the international level.

Conflict of Norms in Public International Law Reviews

Joost Pauwelyn is to be applauded for raising these issues and for illuminating them with intensive research and great analytical acuity. --American Journal of International Law
Pauwelyn's book deserves many credits for its unique value and contributions. It touches on an important subject-matter in the area of public international law. Undoubtedly, it is a laudable attempt to define conflict of norms in public international law, especially between WTO norms and non-WTO norms, in times of globalization and growing interdependence. The book is a product of serious enterprise both in its inclusiveness and profundity. It is very well-researched and rich in citations of jurisprudence and literatures. -- Global Law Books, Sungjoon Cho

About Joost Pauwelyn (Institut Universitaire de Hautes Etudes Internationales, Geneva)

Joost Pauewlyn is Associate Professor of Law at Duke University School of Law.

Table of Contents

Preface; Table of cases; List of abbreviations; Introduction; 1. The topic and its importance: conflict of norms in public international law; 2. The case study: the law of the World Trade Organisation; 3. Hierarchy of sources; 4. Accumulation and conflict of norms; 5. Conflict-avoidance techniques; 6. Resolving 'inherent normative conflict'; 7. Resolving 'conflict in the applicable law' 8. Conflict of norms in WTO dispute settlement; Conclusions; Bibliography; Index.

Additional information

NLS9780521100472
9780521100472
052110047X
Conflict of Norms in Public International Law: How WTO Law Relates to other Rules of International Law by Joost Pauwelyn (Institut Universitaire de Hautes Etudes Internationales, Geneva)
New
Paperback
Cambridge University Press
2009-01-18
560
N/A
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