Equity and Equitable Principles in the World Trade Organization Addressing Conflicts and Overlaps between the WTO and Other Regimes Routledge Research in International Economic Law Series
Auteur : Gourgourinis Anastasios
This book analyses whether, and how, equity and equitable principles can be employed as juridical tools in the legal reasoning of judges and lawyers in World Trade Organization (WTO) disputes where there is interaction between norms derived from the multilateral trade regime and other international legal regimes. Bringing the literature on equity and equitable principles in international law up to date this book tackles several legal problems which have emerged in WTO dispute settlement practice as well as engaging with the concept of the fragmentation of international law. The book provides an original argument about the role and significance of equity and equitable principles in the debate over fragmentation by providing a coherent methodology for addressing conflicts and overlaps between WTO and non-WTO norms in the context of Dispute Settlement Body proceedings.
1. WTO Adjudication and the Normativity of Equity in International Law 2. The Applicability of Equity And Equitable Principles in WTO Adjudication 3. The Applications of Equity And Equitable Principles in WTO Adjudication 4. Equity and Equitable Principles as Interstitial Norms in WTO Adjudication 5. The Inter-Systemic Operation of Equity In WTO Adjudication as a ‘Negative Catalyst’
Dr Anastasios Gourgourinis is Lecturer in Public International Law at the Faculty of Law of the National and Kapodistrian University of Athens, specializing in International Economic Law. He is also a Research Fellow at the Academy of Athens. He holds an LL.B. and an LL.M from the Faculty of Law of the National and Kapodistrian University of Athens, as well as an LL.M. (awarded with Distinction) and a Ph.D. from University College London. He has served in the past as Special Legal Advisor at Greece’s Ministry for Development and Competitiveness, and the Ministry of State, advising on issues pertaining to investment, trade and state aid. Currently, he practises with the Athens Bar in Greece.
Date de parution : 12-2017
15.6x23.4 cm
Date de parution : 08-2015
15.6x23.4 cm
Thèmes d’Equity and Equitable Principles in the World Trade... :
Mots-clés :
icsid; case; appellate; body; report; supra; note; wto; adjudication; dispute; WTO Adjudication; Appellate Body; WTO Dispute Settlement; ICSID Case; Appellate Body Report; International Law; Public International Law; ICJ Report; WTO Law; ILC Article; ICJ Statute; Equity Infra Legem; Interstitial Norms; Lex Specialis Principle; Collateral Estoppel; SPS Agreement; Secondary Norms; Equity Contra Legem; Contra Legem; Normative Parallelism; General International Law; Lex Specialis; North Sea Continental Shelf Cases; DSB Organ; Praeter Legem