04076cam a2200385 a 4500 114039 114039 BJBSDDR 20230411090635.0 ta 200302s2012 enk b 001 0 eng 9781107012899 (hardback) DLC DLC spa eng pcc K 3943 F297l 2012 343/.087 23 Feichtner, Isabel The law and politics of WTO waivers : stability and flexibility in public international law / Isabel Feichtner. Cambridge ; New York : Cambridge University Press, 2012. xiv, 393 p. ; 24 cm. Cambridge international trade and economic law ; 0007 Includes bibliographical references (p. 355-380) and index. Machine generated contents note: 1. Why study the WTO waiver?; Part I. The Flexibility Challenge in Public International Law and the WTO in Particular: 2. The flexibility challenge in public international law; 3. The WTO - public law of conflict management; Part II. The Practice and Law of Waivers: 4. The waiver power and practice under the GATT 1947 and in the WTO; 5. The law of waivers; Part III. The Potential of Waivers to Address the Flexibility Challenge in Public International Law: 6. The potential of the waiver as a flexibility device; 7. The politics of the waiver process; 8. Conclusion. "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"-- Provided by publisher. "International law and institutions increasingly not only deal with transactions across the borders of sovereign states, but instead promote and protect transnational societal interests. To give but a few examples: international legal regimes obligate states to limit greenhouse gas emissions by national households and industry, to put into place administrative and judicial procedures for the protection of intellectual property rights, or they restrict domestic governmental powers to adopt policies that encroach upon human rights or impede international trade. The observation that international law promotes transnationally shared societal interests, such as interests in a clean environment, cross-border trade, property or human rights protection does not implicate a value judgment. It does not follow that such law is beyond criticism and exclusively for the good of human kind. Rather it implicates trade-offs -trade-offs between economic and non-economic interests, for example, or trade-offs between individual freedom and public interest policies"-- Provided by publisher. World Trade Organization. Organización Mundial del Comercio. Acuerdo General Sobre Aranceles Aduaneros y Comercio General Agreement on Tariffs and Trade (1947 October 30) Foreign trade regulation. Regulación del comercio exterior 10021 Promoción de exportaciones 14524 Waiver. Cover image http://assets.cambridge.org/97811070/12899/cover/9781107012899.jpg lcc BK 0 0 0 0 CS BJB BJB CS 2020-03-02 0 K 3943 F297l 2012 00000122570 2020-03-02 00:00:00 1 2020-03-02 BK