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The Concept of Necessity in International Law and the World Trade Organization: History, Lessons, and Prospects

The Concept of Necessity in International Law and the World Trade Organization: History, Lessons, and Prospects

Name: The Concept of Necessity in International Law and the World Trade Organization: History, Lessons, and Prospects
Brand: Brill Nijhoff
SKU: 9789004699991
Price: 1981.70 HKD
Availability: InStock
Author: Senai Woldeab Andemariam
ISBN: 9789004699991

By Senai Woldeab Andemariam

Brill Nijhoff May 2024

Specifications

ISBN-13: 9789004699991
Publisher: Brill Nijhoff
Publication: May 2024
Format: Hardback
Jurisdiction: Netherlands ? Countri(es) for reference only

Details

Like many concepts in international law, the definition of “necessity” varies widely depending on context. The concepts of necessity in different fields of international law can maintain their unique definitions while learning from each other, and thereby achieve coherence. This book presents the evolution of the concept of necessity, and discusses its definitions in nine different fields of international law. Centering customary international law and the law of the World Trade Organization in his analysis, Dr. Senai Andemariam examines the potential for interactions and coherence between concepts of necessity in various fields of international law.

Foreword; Acknowledgments; List of Tables; Acronyms; Introduction; Part 1: History of the Concept of Necessity in Law; 1.
Evolution of the Concept from the 1st Millennium bc to the 20th Century: 2 State and Tribunal Practices until the 1930s; 3 Placing Necessity in the Context of the Relationship between Sovereignty and Treaty Law; Part 2: The Concept of Necessity in International Law; 4 Preliminary Issues; 5 The Concept of Necessity in Different Fields of International Law; 6 The Role of International Courts and Tribunals in Developing the Concept of Necessity in Customary International Law; Part 3: The Concept of Necessity in WTO Law; 7 History of the Drafting of the Necessity Defense Provisions in the General and Security Exceptions of the GATT 1994/ GATS; 8 Evolution of the Interpretation of the Concept of Necessity in the General and Security Exceptions of the GATT(1947 and 1994) and the GATS; 9 The Concept of Necessity in Other WTO Agreements, the TBT, SPS and TRIPS Agreements in Particular; Part 4: The Interaction between the Concepts of Necessity in Customary International Law and WTO Law; 11 Rules on Interfacing the Concepts of Necessity in WTO Law and Other Fields of International law; 12 The Exercise of Interfacing the Concepts of Necessity in WTO Law and CIL; Bibliography; Index