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The concept of necessity in international law and the World Trade Organization : history, lessons, and prospects
Title
The concept of necessity in international law and the World Trade Organization : history, lessons, and prospects / by Senai W. Andemariam.
ISBN
9789004699991
9004699996
9789004700000
Publication
Leiden ; Boston : Brill/Nijhoff, [2024]
Physical Description
xv, 486 pages ; 24 cm.
Summary
"This book aims to make the three contributions mentioned above by responding to the following key question: can the concepts of necessity in WTO law and CIL influence each other to achieve a more coherent concept of necessity across different fields of international law? The main reasons for focusing on these two concepts of necessity in this book are: (a) the clarity of their respective definitions; (b) their extensive application in the respective fields of international law where they operate; and (c) their potential to influence the development of the concept of necessity in other fields of international law. Since the gist of this book is to finally discuss the concept of necessity in the broader context of fragmentation and coherence of international law, it is requisite to analyze in detail the relationship between these two relatively elucidated concepts of necessity in international law. Analysis of this relationship must culminate in identifying the possibility for these two differing concepts of necessity to learn from (i.e., influence) each other so that a more coherent concept of necessity can develop in international law"-- Provided by publisher.
Format
Books
Language
English
Series
World Trade Institute advanced studies ; volume 17.
Bibliography
Includes bibliographical references and index.
Contents
Evolution of the concept from the 1st millennium BC to the 20th century
State and tribunal practices until the 1930s
Placing necessity in the context of the relationship between sovereignty and treaty law
Preliminary issues
The concept of necessity in different fields of international law
The role of international courts and tribunals in developing the concept of necessity in customary international law
History of the drafting of the necessity defense provisions in the general and security exceptions of the GATT 1994/GATS
Evolution of the interpretation of the concept of necessity in the general and security exceptions of the GATT (1947 and 1994) and the GATS
The concept of necessity in other WTO agreements, The TBT, SPS, and TRIPS agreements in particular
The interface between customary international law and WTO law
Rules on interfacing the concepts of necessity in WTO law and other fields of international law
The exercise of interfacing the concepts of necessity in WTO law and CIL.
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