The WTO and the new generation EU FTA dispute settlement mechanisms: interacting in a fragmented and changing international trade law regime / Cornelia Furculiţă.
Furculiţă, Cornelia.
2021
KJE2045
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Title
The WTO and the new generation EU FTA dispute settlement mechanisms: interacting in a fragmented and changing international trade law regime / Cornelia Furculiţă.
Author
Furculiţă, Cornelia.
ISBN
9783030831189 (electronic bk.)
3030831183 (electronic bk.)
3030831175
9783030831172
DOI
https://doi.org/10.1007/978-3-030-83118-9
Publication Details
Cham, Switzerland : Springer, 2021.
Language
English
Description
1 online resource
Item Number
10.1007/978-3-030-83118-9 doi
Call Number
KJE2045
Dewey Decimal Classification
346.407
Summary
This book explores interactions between the new generation EU FTA and the WTO dispute settlement mechanisms, adopting an innovative, comprehensive approach. It investigates how the mechanisms potentially could and actually do compete, conflict, and cooperate, focusing not only on the potential negative consequences of fragmentation, but also on how synergies could be enhanced. Thus, unlike the existing literature, which chiefly focuses on conflicting interactions, it considers positive and negative interactions alike. Moreover, the book explores the topic in light of the most recent changes in and challenges to the international trade law regime. Particular attention is paid to how the multilateral and bilateral mechanisms studied interact with regard to the current WTO dispute settlement crisis and the EU-backed multi-party interim appeal arbitration arrangement. Thus, the book provides up-to-date answers to compelling questions. It also examines in detail the new generation EU FTA dispute settlement mechanisms, an aspect which has not been the subject of thorough research to date. The book pursues an interdisciplinary approach, combining legal methodology, international relations and political science theories with interviews. Given its scope, the book will appeal to researchers and scholars whose work involves international trade law issues. However, it will also be of interest to general international law academics, as it touches upon such issues as fragmentation, forum shopping, and general rules of interpretation. Furthermore, by analysing and presenting proposals with regard to the new generation EU FTAs, it will also be pertinent to the work of EU policymakers and researchers studying EU trade law.
Bibliography, etc. Note
Includes bibliographical references.
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Access limited to authorized users.
Source of Description
Online resource; title from PDF title page (SpringerLink, viewed September 20, 2021).
Series
European yearbook of international economic law. EYIEL monographs ; v. 19. 2524-6666
Available in Other Form
Print version: 9783030831172
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Introduction
Part I Context and Concepts
Setting the Context
Conceptual Framework
Part II. Competing Interactions Between the WTO and the New Generation EU FTA DSMs
The Changing Context
Substantive Coverage and Considerations
Competing Procedural Considerations
Competing Political Considerations
Conclusions on the Competing Interactions Between the WTO and the New Generation EU FTA DSMs.-Part III Conflicts of Jurisdiction Between the WTO and the New Generation EU FTA DSMs
Conflicts of Jurisdiction Between the DSMs of the WTO and FTAs in General
Assessment of the Jurisdictional Clauses in the New Generation EU FTAs
Part IV. Cooperative Interactions Between the WTO and the New Generation EU FTA DSMs
Judicial Communication
Prospective Developments for Contemplation
Conclusion.

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