Burkard Conflicting Philosophies and International Trade Law

Worldviews and the WTO
1. Auflage 2018
ISBN: 978-3-319-61067-2
Verlag: Springer International Publishing
Format: PDF
Kopierschutz: 1 - PDF Watermark

E-Book, Englisch, 442 Seiten, eBook

Reihe: Philosophy, Public Policy, and Transnational Law

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.

Zielgruppe

Research

Autoren/Hrsg.

Burkard, Michael

Inhaltsverzeichnis

IntroductionPart One: Being Determines Consciousness1. Between Positivism And Relativism2. Two Concepts of Reality3. Two Concepts of Risk4. Two Functions of Risk5. The Battle for AgriculturePart Two: The Science-Based Approach of the SPS Agreement InParticular6. A Promise for Objectivity7. The Panel’s Positivist Position8. The Appellate Body’s Quest for Middle Ground9. Panels and The Appellate Body Between Epistemological AntipodesPart Three: Future Prospects for Regulation10. The Positivist Solution11. The Relativist Response12. A Critical ApproachAnnexSynopsis of Reform Proposals

Über Autor(innen)

Michael Burkard is a legal practitioner with broad experience in judiciary, administration and the legal profession. As staff member of the finance committee of the Swiss Federal Parliament, he gained insights into legislation, finance and economic policy. He received his PhD from the Institute of European and International Economic Law at the University of Bern, Switzerland, where he concentrated on European and WTO law, customs legislation, the WTO Agreement on Agriculture and economic development. This book is an outcome of the research project “NCCR Trade regulation” funded by the Swiss National Science Foundation.