Social regulation in the WTO : trade policy and international legal development

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Title:

Social regulation in the WTO : trade policy and international legal development

Author:

Nadakavukaren Schefer, Krista.

ISBN:

9781848449596

9781849800785

Personal Author:

Nadakavukaren Schefer, Krista.

Publication Information:

Cheltenham, UK ; Northampton, MA : Edward Elgar, c2010.

Physical Description:

xv, 320 p. ; 24 cm.

Contents:

The social impacts of trade -- The evolving character of the international legal system -- Unilateral trade regulation and the United Nations Charter principles -- Unilateral trade regulation, the law of state responsibility and the law of treaties -- WTO obligations affected by Members' use of social trade regulations -- Legal remedies for violations of WTO law -- Social trade regulations in the WTO dispute settlement system : looking at the evidence -- How can a WTO Member pursue a social goal with trade regulations? -- Is there a modality to decide when trade measures can be used to pursue social goals?

Abstract:

This title presents a thoughtful and very readable analysis of social trade regulation, that is, the use of border measures for non-trade purposes. The study examines how such measures are regarded in international law and in the more specialized law of the World Trade Organization.

Subject Term:

Foreign trade regulation -- Social aspects.

Foreign trade regulation -- International cooperation.

Copies:

Available:*

Library	Material Type	Item Barcode	Shelf Number	Copy	Status
Searching... 1:IIEMSA	1:GEN-BOOK	33168025568557	338.70951 N126S 2010	1	Searching... Unknown

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Summary

This original and authoritative book analyzes how the WTO's restrictions on the use of trade measures for social goals affects the development of the law of the international community.

The author examines international law on the use of trade measures to promote non-trade values including human health, environmental protection, and cultural diversity in order to determine whether the WTO decisions in these areas promote the development of the international legal system in a way that benefits the individual. Including an analysis of the most important 'trade-&' cases handed down by the WTO's Appellate Body, the book stimulates creative consideration of the extent to which the international trading system's prohibition on the use of trade measures may stifle progress on legal norms that would foster an international community. Krista Nadakavukaren Schefer suggests using the law of equity to fully take into account both the trade and the social issues at stake in any particular case.

With its thorough analysis of WTO trade and decisions, this path-breaking book will be a stimulating read for scholars and students of international law, international economic law and international relations.