Skip to main content Accessibility help
×
Hostname: page-component-76fb5796d-x4r87 Total loading time: 0 Render date: 2024-04-29T06:01:04.081Z Has data issue: false hasContentIssue false

Introduction

Published online by Cambridge University Press:  07 July 2009

Joost Pauwelyn
Affiliation:
Institut Universitaire de Hautes Etudes Internationales, Geneva
Get access

Summary

Certainly, international law must adapt itself to the variety of fields with which it has to deal, as national law has done. It must also adapt itself to local and regional requirements. Nonetheless, it must preserve its unity and provide the players on the international stage with a secure framework.

How should a WTO panel react when faced with the argument that an allegedly WTO inconsistent trade restriction is justified under an environmental treaty, IMF rules or customary international law? How should they react when parties make objections, claims or defences based on rules of general international law, not explicitly covered in the WTO treaty itself, such as rules on burden of proof, standing, good faith, due process, error in treaty formation or the binding nature of unilateral declarations? Those are the type of questions that gave rise to this book. They are very real and practical questions and as a legal adviser to WTO panels, I was often asked to answer them. In the USShrimp dispute, for example, the United States invoked a number of multilateral environmental treaties in defence of its import ban on shrimp coming from countries which, in the US view, did not sufficiently protect endangered turtles.

Type
Chapter
Information
Conflict of Norms in Public International Law
How WTO Law Relates to other Rules of International Law
, pp. 1 - 4
Publisher: Cambridge University Press
Print publication year: 2003

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • Introduction
  • Joost Pauwelyn, Institut Universitaire de Hautes Etudes Internationales, Geneva
  • Book: Conflict of Norms in Public International Law
  • Online publication: 07 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494550.002
Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • Introduction
  • Joost Pauwelyn, Institut Universitaire de Hautes Etudes Internationales, Geneva
  • Book: Conflict of Norms in Public International Law
  • Online publication: 07 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494550.002
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Introduction
  • Joost Pauwelyn, Institut Universitaire de Hautes Etudes Internationales, Geneva
  • Book: Conflict of Norms in Public International Law
  • Online publication: 07 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511494550.002
Available formats
×