Download or read book Constitutional Functions And Constitutional Problems Of International Economic Law written by Ernst-Ulrich Petersmann and published by Routledge. This book was released on 2019-03-04 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes in four parts constitutional problems of foreign trade policy and foreign trade law in "constitutional democracies" which protect fundamental human rights and effective political equality through constitutional restraints on the exercise of all government powers.
Download or read book Constitutional Functions and Constitutional Problems of International Economic Law written by Ernst-Ulrich Petersmann and published by . This book was released on 1991 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book National Constitutions and International Economic Law written by Meinhard Hilf (jurist.) and published by Springer. This book was released on 1993-02-16 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book comprises contributions from leading practitioners and scholars in relation to national constitutions and international economic law and the conflicts that may arise.
Download or read book International Economic Law in the 21st Century written by Ernst-Ulrich Petersmann and published by Bloomsbury Publishing. This book was released on 2012-07-24 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: The state-centred 'Westphalian model' of international law has failed to protect human rights and other international public goods effectively. Most international trade, financial and environmental agreements do not even refer to human rights, consumer welfare, democratic citizen participation and transnational rule of law for the benefit of citizens. This book argues that these 'multilevel governance failures' are largely due to inadequate regulation of the 'collective action problems' in the supply of international public goods, such as inadequate legal, judicial and democratic accountability of governments vis-a-vis citizens. Rather than treating citizens as mere objects of intergovernmental economic and environmental regulation and leaving multilevel governance of international public goods to discretionary 'foreign policy', human rights and constitutional democracy call for 'civilizing' and 'constitutionalizing' international economic and environmental cooperation by stronger legal and judicial protection of citizens and their constitutional rights in international economic law. Moreover intergovernmental regulation of transnational cooperation among citizens must be justified by 'principles of justice' and 'multilevel constitutional restraints' protecting rights of citizens and their 'public reason'. The reality of 'constitutional pluralism' requires respecting legitimately diverse conceptions of human rights and democratic constitutionalism. The obvious failures in the governance of interrelated trading, financial and environmental systems must be restrained by cosmopolitan, constitutional conceptions of international law protecting the transnational rule of law and participatory democracy for the benefit of citizens.
Download or read book Discussion to session 4 written by Frieder Roessler and published by . This book was released on 1986 with total page 8 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Time and Tax Issues in International EU and Constitutional Law written by Werner Haslehner and published by Kluwer Law International B.V.. This book was released on 2018-12-20 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Time is a crucial dimension in the application of any law. In tax law, however, where an environment characterized by rapid change on the national, European, and international levels complicates the provision of accurate legal advice, timing is particularly sensitive. This book is the first to analyse the relationship between time and three key areas of tax: treaties, EU law, and constitutional law issues, such as legal certainty and individual rights. Among the numerous timing issues arising out of applying tax rules, the book addresses the following: – time limits within which relief must be requested; – statutes of limitation for claiming a tax refund; – transitional issues relating to changes in tax treaties; – attribution of profits and expenses to a moving or closed-down business; – effect of tax-related CJEU decisions and EU directives; – compliance of exit tax regimes with free movement; – limits of retroactivity under principles protected by the EU Charter and the ECHR; and – conflict between efficiency of taxation and individual rights. Derived from a recent conference organized by the prestigious ATOZ Chair for European and International Taxation at the University of Luxembourg, the book brings together contributions from leading tax experts from various areas of tax practice, academia, and the judiciary. Among other issues, the book notably expands on how economic theory can inform a constitutional analysis of the timing of taxation. There is no other work that concentrates so usefully on the difficulties associated with applying tax rules – whether arising from treaties, jurisprudence, or policy – to changing circumstances over time. This book will quickly prove itself to be an indispensable resource for European tax lawyers, policymakers, company counsels, and academics.
Download or read book Justice in International Economic Law From the International Law Among States to International Integration Law and Constitutional Law written by Ernst-Ulrich Petersmann and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The UN Charter and the Vienna Convention on the Law of Treaties require interpreting treaties and settling international disputes in conformity with the principles of justice and international law. This contribution discusses procedural and substantive principles of justice which the international judge may take into account in interpreting international economic agreements. The sovereign equality of states underlying the international law of coexistence as well as the international law of intergovernmental cooperation must be interpreted in conformity with the universal recognition of human dignity as a source of inalienable human rights. The universal recognition of economic and social human rights further requires taking into account solidarity principles, as proposed also by the sociological approach to international law. The constitutional structures and citizen-oriented functions of the law of international economic organizations liberalizing and regulating mutually beneficial market transactions among citizens require judges to engage in a careful balancing of state-centered and citizen-oriented principles of international law, including respect for the emerging human right to democratic decision-making. This modern international integration law and the increasing number of international constitutional rules promote the reconciliation of the various state-centered approaches, human rights approaches, sociological approaches and policy-approaches to international law as a system not only of international rules and legal pluralism but also of constitutionally limited decision-making processes and struggles for human rights.
Download or read book The Future of International Economic Law written by William J. Davey and published by OUP Oxford. This book was released on 2008-05-22 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book comprises fifteen specially commissioned contributions from the Editorial Board of the Oxford Journal of International Economic Law in celebration of the Journal's tenth anniversary. The contributions examine various issues confronting the international economic regime today, and cover a wide range of international economic institutions such as the IMF, the World Bank, and the WTO. It pays particular attention to examining the WTO and its regulatory scope, its systemic and structural deficiencies, its role in development and in liberalising trade in services, its tense relationship to regionalism and to trade-related issues such as environment, competition and dispute settlement in the field of investment. The contributions are authored by leading academics in the field, including lawyers, economists, and political scientists who come from a range of developed and developing country backgrounds. This book constitutes a reflection by important individuals on almost all the major contemporary issues facing the WTO today, and therefore represents a snapshot of the key lines of thinking among many of the leading legal scholars of the WTO and international economic regime which are likely to guide the field in the years to come. This is a book edition of the special 10th anniversary third issue of vol. 10 of the Oxford Journal of International Economic Law September 2007
Download or read book Constitutionalism Multilevel Trade Governance and International Economic Law written by Christian Joerges and published by Hart Pub Limited. This book was released on 2011 with total page 599 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a book about the ever more complex legal networks of transnational economic governance structures and their legitimacy problems. It takes up the challenge of the editors' earlier pioneering works which have called for more cross-sectoral and interdisciplinary analyses by scholars of international law, European and international economic law, conflict of laws, international relations theory and social philosophy to examine the interdependences of multilevel governance in transnational economic, social, environmental and legal relations. Two complementary strands of theorising are expounded. One argues that globalisation and the universal recognition of human rights are transforming the intergovernmental 'society of states' into a cosmopolitan community of citizens which requires more effective constitutional safeguards for protecting human rights and consumer welfare in the national and international governance and legal regulation of international trade. The second emphasises the dependence of the functioning of international markets and liberal trade on governance arrangements that respond credibly to safety and environmental concerns of consumers, traders, political and non-governmental actors. Enquiries into the generation of international standards and empirical analyses of legalisation and judicialisation practices form part of this agenda. The perspectives and conclusions of the more than 20 contributors from Europe and North-America cannot be uniform. But they converge in their search for a constitutional architecture which limits, empowers and legitimises multilevel trade governance, as well as in their common premise that respect for human rights, private and democratic self-government and social justice require more transparent, participatory and deliberative forms of transnational 'cosmopolitan democracy'. This second paperback edition replaces Chapters 15 to 18 of the first edition published in 2006 by four new chapters examining the alternative conceptions of 'International Economic Law' and 'Multilevel Governance' from diverse public and private, national and international law perspectives.
Download or read book New Voices and New Perspectives in International Economic Law written by John D. Haskell and published by Springer Nature. This book was released on 2019-12-10 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together a series of contributions by international legal scholars that explore a range of subjects and themes in the field of international economic law and global economic governance through a variety of methodological and theoretical lenses. It introduces the reader to a number of different ways of constructing and approaching the study of international economic law. The book deals with a series of different theoretical agendas and perspectives ranging from the more traditional (empirical legal studies) to the more alternative (language theory) and it expands the scope of substantive discussion and thematic coverage beyond the usual suspects of international trade, international investment and international finance. While the volume still gives due recognition to the traditional theoretical project of international economic law, it invites the reader to extend the scope of disciplinary imagination to other, less commonly acknowledged questions of global economic governance such as food security, monetary unions, and international economic coercion. In addition to historically-focused and critical perspectives, the volume also includes a number of programmatic and forward-looking explorations, which makes it appealing to a broad audience with a variety of contrasting interests. Therefore, the volume is of particular interest to academics and postgraduate students in the fields of international law, international relations, international political economy, and international history.
Download or read book Constitutional Justice written by Trevor R. S. Allan and published by Oxford University Press, USA. This book was released on 2003 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scope of Judicial Review
Download or read book International Economic Law written by Giovanna Adinolfi and published by Springer. This book was released on 2016-12-29 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume scrutinises the main challenges faced by States in their current international economic relations from an interdisciplinary perspective. It combines legal research with political and economic analysis and favours dialogue among scientific disciplines. Readers are offered a series of in-depth studies on a rich variety of topics: how to reconcile States’ interest to benefit from economic liberalization with their need to pursue social goals (such as the protection of human rights or of the environment); recent developments under WTO law and regional integration processes; international cooperation in the energy sector; national regulatory developments in the banking sector, sovereign wealth funds and investor-State arbitration.
Download or read book Research Handbook on Global Justice and International Economic Law written by John Linarelli and published by Edward Elgar Publishing. This book was released on 2013-09-30 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fairness of institutions of global economic governance ranks among the most pressing issues of our time.
Download or read book New Directions in International Economic Law Essays in Honour of John H Jackson written by John Jackson and published by Springer. This book was released on 2000-10-18 with total page 614 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book was occasioned by the 30-year anniversary of the appearance of Professor John H. Jackson's remarkable book, World Trade and the Law of GATT, which pioneered the new academic discipline of international trade law. Professor Jackson's approach has been unique in its emphasis on a multidisciplinary approach, which places the subject in its proper context--by examining international trade law not only in relation to economic considerations but by broadening it to include wider societal concerns such as environmental, national security, human rights, and labour standards issues. Accordingly this book, in Professor Jackson's honour, reflects his role as a forerunner of the law of globalization, addressing in particular the links between trade law and public international law, and the connections between trade and other societal concerns. The book is divided into five sections, dealing with: constitutional issues; substantive issues for the WTO; dispute settlement in the context of the WTO; new subjects relating to the WTO system including trade and labour; trade and competition, trade and investment, bribery and corruption, and domestic issues for WTO member countries. After a long and distinguished career at the Law School of the University of Michigan, Professor Jackson joined the faculty of Georgetown University in 1998, as University Professor.
Download or read book Economic Law as an Economic Good written by Karl M. Meessen and published by Walter de Gruyter. This book was released on 2009-07-29 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: Governments, or at least the clever ones among them, are aware of the factors guiding business activities. In the course of adopting and enforcing economic legislation, they seek to attract business activities in order to increase national income (and fiscal revenues), generate employment opportunities and,very generally, please voters. Hence economic law may be considered an economic good, as suggested by the title of this book. That function, which most rules of economic law have in the competition of systems, was strengthened by the worldwide liberalization of trade. Today, it is of greater significance than ever before. Lawyers and economists, academics and practitioners from inside and outside Germany have taken a look at the facts and discussed approaches to conceptualizing them. The resulting thirty essays collected in this volume contribute to the interpretation of existing, and the making of new, economic law.
Download or read book Transatlantic Perspectives on International Economic Law written by Peter-Christian Müller-Graff and published by Nomos Verlagsgesellschaft. This book was released on 2009 with total page 98 pages. Available in PDF, EPUB and Kindle. Book excerpt: A transatlantic dialogue on varying perspectives on international economic law was the purpose of a round-table conference held at the University of Heidelberg in June 2007. During this conference, particular interest focused on the emerging binding framework of the World Trade Organization and on the developing legal framework of the European Community. This volume contains transcripts of the lectures given at the conference, as well as the text of the public lecture by Professor John H. Jackson from Georgetown University, which preceded the conference.
Download or read book The Economic Constitution written by Tony Prosser and published by . This book was released on 2014 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: There has been little analysis of the constitutional framework for management of the UK economy, either in constitutional law or regulatory studies. This is in contrast to many other countries where the concept of an 'economic constitution' is well established, as it is in the law of the European Union. Given the extensive role of the state in attempting to resolve recent financial crises in the UK and elsewhere in Europe, it is particularly important to develop such an analysis. This book sets out different meanings of an economic constitution, and applies them to key areas of economic management, including taxation and public borrowing, the management of public spending, (including the Spending Review), monetary policy, financial services regulation, industrial policy (including state shareholdings) and government contracting. It analyses the key institutions involved such as the Treasury and the Bank of England, also including a number of less well-known bodies such as the Office for Budget Responsibility. There is also coverage of the international context in which these institutions operate especially the European Union and the World Trade Organisation. It thus provides an account of the public law applying to economic management in the UK. This book also adopts a critical approach, assessing the degree to which there is coherence in the arrangements for economic management, the degree to which economic policy-making is constrained by constitutional norms, and the degree to which economic management is subject to deliberation and accountability through Parliament, the courts and other institutions.
