Conflicting Philosophies and International Trade Law: Worldviews and the WTO

International Law

Conflicting Philosophies and International Trade Law: Worldviews and the WTO

By Michael Burkard
Springer-Verlag October 2017

Specifications

ISBN-13
9783319610665
Publisher
Springer-Verlag
Publication
October 2017
Format
Hardback
Jurisdiction
Switzerland ? Countri(es) for reference only

Details

This book reveals how conflicting worldviews are at the root of public controversies on policy and trade issues. It highlights the particularly controversial disputes at the level of the World Trade Organization in the case of regulating beef-hormones and GMOs, aiming to show how negotiators of international agreements, members of dispute settlement bodies, and policy makers in general could have recourse to concepts of other disciplines such as epistemology and philosophy in order to address deadlocked legal disputes. Ultimately, the book is a manifesto for independent and critical research.

Table of Contents

Introduction

Part One: Being Determines Consciousness
1. Between Positivism And Relativism
2. Two Concepts of Reality
3. Two Concepts of Risk
4. Two Functions of Risk
5. The Battle for Agriculture

Part Two: The Science-Based Approach of the SPS Agreement In Particular
6. A Promise for Objectivity
7. The Panel's Positivist Position
8. The Appellate Body's Quest for Middle Ground
9. Panels and The Appellate Body Between Epistemological Antipodes

Part Three: Future Prospects for Regulation
10. The Positivist Solution
11. The Relativist Response
12. A Critical Approach

Annex
Synopsis of Reform Proposals
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