The role of international economic law in addressing climate change

2014 ◽  
pp. 117-128
Keyword(s):  
Climate Change ◽  
International Economic ◽  
Economic Law ◽  
International Economic Law

The Diminishing Acts of the State. Or, Is It?

2012 ◽  
pp. 687-717
Author(s):  
Francis N. Botchway
Keyword(s):  
International Economic ◽  
International Law ◽  
The State ◽  
Police Powers ◽  
Economic Law ◽  
Role Of The State ◽  
International Economic Law ◽  
The Us

The Act of state doctrine essentially serves to truncate or end proceedings against a state in the court of another state for actions attributed to or owned by the first state. Originally, the actions against which the defense could be raised were wide and all encompassing. It included exercise of police powers, takings, maritime and commercial acts. However, starting with cases such as Bernstein, Dunhill and others, and goaded in part by legislation such as the second Hickenlooper Amendment in the US, a number of exceptions have been carved into the doctrine. It is such that some academics have called for the end of the doctrine. This paper argues that although the doctrine is now limited, compared to its original compass, it is resilient. That resilience, this paper contends, is predicated on its International law pedigree. It is further argued that the swings in the role of the state in economic matters accounts for the growth, downturn and upturn in the viability of the doctrine as a defense in international economic law.

Repräsentative Auslegung völkerrechtlicher Verträge

2019 ◽  
Author(s):  
Alexander Pehl
Keyword(s):  
International Economic ◽  
Trade Agreements ◽  
Vienna Convention ◽  
International Courts ◽  
Economic Law ◽  
Dynamic Interpretation ◽  
International Economic Law ◽  
Important Means ◽  
The Imf

Representative interpretation, meaning an interpretation which is directly attributable to contracting parties, is an important means of guiding the application of agreements and treaties, in particular where international courts and tribunals show a tendency towards dynamic interpretation. In the field of international economic law, the WTO Agreement, the IMF Statute and, in particular, an increasing number of investment and trade agreements contain special interpretative clauses which envisage their representative interpretation. In addition, Article 31 (3) (a) of the Vienna Convention on the Law of Treaties emphasises the authoritative role of agreements between contracting parties regarding the interpretation of treaties. This book sheds light on the background of the representative interpretation of agreements and treaties, examines its effects, explores its limits and assesses its usefulness.

Exceptions

2018 ◽  
Author(s):  
James Munro
Keyword(s):  
Climate Change ◽  
International Economic ◽  
Social Policy ◽  
Financial Markets ◽  
Emissions Trading ◽  
Economic Law ◽  
Policy Goals ◽  
International Economic Law ◽  
Rationally Connected

Chapter 9 provides an overview of the availability and applicability of exceptions that could potentially save aspects of emissions trading schemes that otherwise violate international economic law. Drawing on the justifications set out in respect of those impugned aspects of emissions trading schemes in Chapter 8, Chapter 9 explains which of those justifications might be permissible under international economic law, and the kind of evidence that would be required to make out a successful defence. This chapter finds that justifications that are rationally connected to the goal of mitigating climate change or safeguarding financial markets, and which deploy the least trade-restrictive means possible, could form the basis of a defence in many instances. However, justifications that are grounded in other economic or social policy goals, or for which there is a less trade-restrictive means of achieving that end, will be less likely to save a measure that is otherwise a violation of international economic law.

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