Conflict of Norms in Public International Law: How WTO Law by Joost Pauwelyn

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By Joost Pauwelyn

How do exchange agreements have interaction with agreements on human rights or the surroundings? In case of clash, which contract may still be successful? needs to alternate disputes be tested purely from the attitude of exchange ideas or may still account be taken additionally of non-trade values? Joost Pauwelyn considers those questions and divulges how the various principles of overseas legislation have interaction, due to procedural directions whilst clash happens. This booklet pursuits exchange diplomats, foreign civil servants, legal professionals, NGOs and students of public overseas legislation and foreign exchange legislations.

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Harvard University Press, 1995). htm. See also Gerhard Hafner, ‘Risk Ensuing from Fragmentation of International Law’, ILC, Report on the Work of its 52nd session, General Assembly Official Records, 56th session, Supplement No. 10 (A/55/10), 321--39. the topic and its importance 13 Four reasons inherent in the nature of international law Multitude of law-makers at the international level First, international law does not have one central legislator, nor one central executive. It has essentially as many law-makers as there are states.

A more practical consequence of international law essentially being created only by state consent is that many international norms are left unclear and in potential conflict with other norms. The need for consensus among a wide variety of states for norms to be enacted, combined with an often heavy time pressure for conclusion of a treaty, may, indeed, explain a great number of the inconsistencies in international law. Interestingly, the more states join a particular treaty regime (as is the case, for example, with the WTO), the more difficult it becomes to arrive at a consensus within that regime and the higher the risk for vague and open-ended rules that are potentially in conflict with other rules, either within or outside that treaty regime.

The topic and its importance 11 We deal only with the horizontal conflict between two norms of international law (for example, a provision in an environmental convention which contradicts a WTO rule). 17 The rights and obligations incumbent on other subjects of international law (such as international organisations or, in some instances, individuals), and their potential for conflict, will not be addressed. 19 What these sources are, and how they may influence the outcome of conflict of norms, is examined in chapter 3.

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