Fragmentation of International Trade Law Reassessed

Analyzing the Role of PTA-DSMs Based on Their Adjudication of General Exception Clauses
2023
ISBN: 978-3-031-40600-3
Verlag: Springer Nature Switzerland

Buch, Englisch, Band 32, 357 Seiten, HC runder Rücken kaschiert, Format (B × H): 160 mm x 241 mm, Gewicht: 735 g

Reihe: EYIEL Monographs - Studies in European and International Economic Law

This book provides innovative and empirically based insights into the ongoing debate on the fragmentation of international trade law. It offers the reader a much-needed doctrinal overview of the different approaches to the issue of fragmentation and reveals their inherent methodological advantages and limitations.

On this basis, the book then approaches the issue of fragmentation from an empirical standpoint by applying a novel dataset on Preferential Trade Agreements’ Dispute Settlement Mechanisms (PTA-DSMs), which have been used to adjudicate general exception clauses within the context of the individual PTA Members’ obligation to liberalize trade in goods.

Although the results remain limited to the single issue of PTA-DSM adjudication for liberalization of trade in goods, they are indicative of key misconceptions regarding the fragmentation of ITL. As the findings confirm, the PTA-DSMs assessed have ultimately come to equivalent decisions, taking into consideration their overall use, the nature of the legal commitments embedded in the respective PTAs, and the economic wellbeing of the respective PTA partners. The book reveals the influence of specific PTA-DSMs on other PTA-DSMs and thereby paves the way for legal unification, rather than fragmentation.

Zielgruppe

Research

Autoren/Hrsg.

Wasilczyk, Patrick

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Handels-, Wirtschafts- und Gesellschaftsrecht
• Wirtschaftswissenschaften Volkswirtschaftslehre Internationale Wirtschaft

Inhaltsverzeichnis

1. Introduction.- 2 Fragmentation of International Trade Law due to the activity of PTA-DSMs. -3. Revisiting methodological shortcomings for assessing the role of PTA-DSMs for the fragmentation of international trade law.- 4. Developing the Ramifications for the Analysis on the Contribution of Active PTA-DSMs to the Diversity in the Regulation of International Trade.- 5. Putting the revisited methodology to practice.- 6. Results on PTA-DSMs’ role for the fragmentation of international trade law.- 7. General conclusion.8. Annex.- 9. Bibliography.

Über Autor(innen)

Patrick Wasilczyk completed his legal studies at the universities of Heidelberg, Aoyama Gakuin (Tokyo, Japan) and Münster, where he obtained his First State Exam. Patrick held a position as research fellow at the Institute for International and Comparative Public Law at the Chair for Public Law, International Law and European Union Law at the Westfälische Wilhelms-Universität Münster, Germany, until he started his legal clerkship at the District Court of Münster in April 2022. Patrick has conducted research for his PhD thesis on the jurisprudence of Dispute Settlement Mechanisms in Preferential Trade Agreements concerning the use of General Exception Clauses.
Patrick has conducted research for his PhD thesis on the jurisprudence of Dispute Settlement Mechanisms in Preferential Trade Agreements, concerning the use of General Exception Clauses, inter alia, at the General Secretariat of theAndean Community as well as the Institute of International Economic Law at the Georgetown University Law Center.