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The law and politics of WTO waivers : stability and flexibility in public international law / Isabel Feichtner.
- Format:
- Book
- Author/Creator:
- Feichtner, Isabel, author.
- Series:
- Cambridge international trade and economic law ; 7.
- Cambridge international trade and economic law ; 7
- Language:
- English
- Subjects (All):
- World Trade Organization.
- General Agreement on Tariffs and Trade (1947 October 30).
- General Agreement on Tariffs and Trade.
- Foreign trade regulation.
- Foreign trade promotion.
- Waiver.
- Physical Description:
- 1 online resource (xiv, 393 pages) : digital, PDF file(s).
- Other Title:
- The Law & Politics of WTO Waivers
- Place of Publication:
- Cambridge : Cambridge University Press, 2012.
- System Details:
- text file
- Summary:
- Despite being an important legal instrument in the law of the WTO, the waiver has hitherto been the subject of little scholarly analysis. Isabel Feichtner fills this gap by challenging the conventional view that the WTO's political bodies do not engage in significant law-making. She systemises the GATT and WTO waiver practice and suggests a typology of waivers as individual exception, general exception and rule-making instruments. She also presents the procedural and substantive legal requirements for the granting of waivers, deals with questions of judicial review and interpretation of waiver decisions, and clarifies the waiver's potential and limits for addressing the need for flexibility and adaptability in public international law and WTO law in particular. By connecting the analysis of waiver competence and waiver practice to the general stability/flexibility challenge in public international law, the book sheds new light on the WTO, international institutions and international law.
- Contents:
- Why study the WTO waiver?
- The flexibility challenge in public international law
- The WTO : public law of conflict management
- The waiver power and practice under the GATT 1947 and in the WTO
- The law of waivers
- The potential of the waiver as a flexibility device
- The politics of the waiver process
- Conclusion.
- Notes:
- Title from publisher's bibliographic system (viewed on 05 Oct 2015).
- Other Format:
- Print version:
- ISBN:
- 9781139003346
- Access Restriction:
- Restricted for use by site license.
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