Equity and Equitable Principles in the World Trade Organization: Addressing Conflicts and Overlaps between the WTO and Other Regimes, 1st Edition (Hardback) book cover

Equity and Equitable Principles in the World Trade Organization

Addressing Conflicts and Overlaps between the WTO and Other Regimes, 1st Edition

By Anastasios Gourgourinis

Routledge

284 pages

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Description

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.

Reviews

"Equity and Equitable Principles in the World Trade Organization can leave no doubt of the author’s impressive skill. The author commands not only the detail but also the breadth of trade law and general international law, matched by a precise analysis of the underlying logic of the legal reasoning found in a plethora of decisions."

Gregory Messenger,University of Liverpool, Journal of World Investment & Trade

Table of Contents

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’

About the Author

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.

About the Series

Routledge Research in International Economic Law

The growing integration of the world economy and resulting increases in cross-border economic exchanges has been accompanied by the rapid growth of law and regulation governing these interactions. This series presents cutting-edge research in international economic law, offering fresh perspectives on what is a fast developing field.

The series surveys the key areas of international economic law: international trade law; international investment law; international financial regulation and monetary law; and related aspects of intellectual property law. Linkages with other international legal regimes are explored such as environmental law, human rights, and public health, highlighting areas where tensions may occur between economic liberalisation, sovereignty and other concerns. Books will investigate the theory, policy and practice of international economic law from a broad range of approaches allowing for innovative and scholarly assessments of the international economic legal order.

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Subject Categories

BISAC Subject Codes/Headings:
LAW014010
LAW / Commercial / International Trade
LAW051000
LAW / International