Conflict of Norms in Public International Law: How WTO Law Relates to Other Rules of International Law

By Joost Pauwelyn | Go to book overview

Index
AB/AC type conflict 281, 300
bilateral 18, 147, 166
examples of 300–1, 422
inherent normative 423, 489
multilateral treaties, growth due to 423
norms, renegotiation of 490
resolution 426–7, 428, 429, 434, 435–6, 489
state responsibility and 427, 429, 432–3, 438, 489
WTO examples of 433–4
Abi-Saab, Georges 92
academics, custom, creation by 16
acte contraire 133
customary law and 137
actio popularis 55, 80, 85
Agreement on Trade-Related Intellectual Property Rights (TRIPS) 42
dispute settlement provisions 346
suspension of 347
WIPO conventions incorporated into 346
Akehurst, Michael 17
Alvarez, José 20
Appellate Body see WTO Appellate Body
applicable law 178, 278, 327, 489
pacta sunt servanda and 328
pacta tertiis and 328
priority rules for resolving 327–8
state responsibility and 327
states, contractual freedom of 328, 335
arbitration, WTO bilateral settlements and 44
Aréchaga, Jiménez de
AB/AC conflicts, state responsibility and 429
armed conflict, law on 408–9
authoritative interpretations, WTO agreements and 112, 216
avoidance of conflict
international adjudicator, techniques of 240
international law and 247
international organisations, role in 238
states, negotiation, role in 239
Bello, Judith 27
WTO, purpose of 33
WTO rules, views on 26
Benvenisti, Eyal 15, 476
bilateral, AB/AC conflicts 18, 147, 166
Bodansky, Daniel
non liquet, justification for 152
border disputes, WTO and 23
Bos, Maarten 7
international law, normative concept of 90
treaty and custom, mutual exclusivity of 156
Brownlie, Ian, international law, sources, ICJ Statute in 94
Capotorti, Francesco 165
conflict, interpretation of 168
case law, WTO Appellate Body 52
cessation
secondary obligation of 299
WTO obligations, sanction for breach of 27
Charney, Jonathan
international tribunals, number of 123
states bound by norms, independent of explicit consent 105
Cheng, Bin
customary law, general practice of states 132
general principles of international law: derogation from 129; superior value of 127

-506-

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Conflict of Norms in Public International Law: How WTO Law Relates to Other Rules of International Law
Table of contents

Table of contents

  • Title Page v
  • Contents vii
  • Preface xi
  • Table of Cases xiii
  • Abbreviations xxvi
  • Introduction 1
  • 1 - The Topic and Its Importance: Conflict of Norms in Public International Law 5
  • 2 - The Case Study: the Law of the World Trade Organization 25
  • 3 - Hierarchy of Sources 89
  • 4 - Accumulation and Conflict of Norms 158
  • 5 - Conflict-Avoidance Techniques 237
  • 6 - Resolving 'Inherent Normative Conflict' 275
  • 7 - Resolving 'Conflict in the Applicable Law' 327
  • 8 - Conflict of Norms in WTO Dispute Settlement 440
  • Conclusions 487
  • Bibliography 493
  • Index 506
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