Conflicting Philosophies and International Trade Law: Worldviews and the Wto

ISBN-13: 9783319869957 / Angielski / Miękka / 2018 / 442 str.

Michael Burkard

Spis treści

Introduction

Part One: Being Determines Consciousness

1. Between Positivism And Relativism

2. Two Concepts of Reality

3. Two Concepts of Risk

4. Two Functions of Risk

5. The Battle for Agriculture

Part Two: The Science-Based Approach of the SPS Agreement In

Particular

6. A Promise for Objectivity

7. The Panel’s Positivist Position

8. The Appellate Body’s Quest for Middle Ground

9. Panels and The Appellate Body Between Epistemological Antipodes

Part Three: Future Prospects for Regulation

10. The Positivist Solution

11. The Relativist Response

12. A Critical Approach

Annex

Synopsis of Reform Proposals

O autorze

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.

Blurb

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.