Conflict of Norms in Public International Law: How WTO Law by Joost Pauwelyn

By Joost Pauwelyn

How do exchange agreements engage with agreements on human rights or the surroundings? In case of clash, which contract should still be successful? needs to alternate disputes be tested simply from the attitude of exchange principles or may still account be taken additionally of non-trade values? Joost Pauwelyn considers those questions and divulges how different principles of foreign legislations have interaction, by means of procedural directions while clash happens. This booklet pursuits alternate diplomats, foreign civil servants, attorneys, NGOs and students of public overseas legislations and foreign alternate legislations.

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By Joost Pauwelyn

How do exchange agreements engage with agreements on human rights or the surroundings? In case of clash, which contract should still be successful? needs to alternate disputes be tested simply from the attitude of exchange principles or may still account be taken additionally of non-trade values? Joost Pauwelyn considers those questions and divulges how different principles of foreign legislations have interaction, by means of procedural directions while clash happens. This booklet pursuits alternate diplomats, foreign civil servants, attorneys, NGOs and students of public overseas legislations and foreign alternate legislations.

Show description

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Pellet, Droit International Public (Montreal: Wilson & Lafleur, 1999), para. 254). , at 415). the topic and its importance 7 Our focus on legally binding norms, and the conflicts that may arise between them, results from the need to delimit the scope of this study. It does not in any way imply that international law is, or should be, limited to a number of positive rules. As Rosalyn Higgins expressed in the first two sentences of her general course at The Hague: ‘International law is not rules. It is a normative system .

Yet, our focus here will be on what to do in case such harmonious interpretation is not possible, that is, on what to do in case an international adjudicator is faced with a genuine conflict between two legally binding norms. 3 4 5 For an overview of the impact of subsequent practice on treaties, see Wolfram Karl, Vertrag und Spätere Praxis im Völkerrecht (Berlin: Springer, 1983). See, for example, Alain Pellet, ‘The Normative Dilemma: Will and Consent in International Law-Making’ (1991) 12 Australian Yearbook of International Law 22.

The main question is, therefore: when there is a conflict between two norms, which of the two norms should be applied? This question relates to the hierarchy of norms in international law. Before suggesting ways to resolve conflict of norms, we shall have to define first what is meant by ‘conflict’. In many instances, what may 1 2 Wilfred Jenks, ‘Conflict of Law-Making Treaties’ (1953) 30 BYIL 401 at 453. When referring to the ‘WTO treaty’ we mean the Final Act Embodying the Results of the Uruguay Round of Multilateral Trade Negotiations, concluded in Marrakesh, Morocco, on 15 April 1994, published in WTO Secretariat, The Results of the Uruguay Round of Multilateral Trade Negotiations, The Legal Texts (Geneva, 1995).

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