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Character Proteces Life

  • Date Submitted: 09/30/2010 01:40 AM
  • Flesch-Kincaid Score: 32 
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Character Protects Life
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Character Protects Lifes
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Character Protects Lifes
Abstract: International law is divided into different functional entities governed by different international institutions. The fields of the institutions may intersect and give rise to situations of norm conflict and/or diverging interpretation. This in turn may create legal uncertainty and conflicting State obligations on the international arena. The thesis examines the relationship between the World Trade Organisation (WTO) norms and human rights norms through the respective perspective of the WTO dispute settlement

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and human rights institutions. On the whole, general international law does not create any hierarchy between WTO norms and human rights norms, although exceptions may be found in for example jus cogens and possibly in some interpretative norms and maxims. However, the institutions governing respective norm complexes do not necessarily follow the same reasoning and may make diverging interpretations of general international law, of the exceptions to lack of hierarchy and of the place of specialised international law within international law. The WTO dispute settlement proclaims an inclusive approach to general international law evidenced by the inclusion of some basic general international customary law. Concurrently, the WTO exhibits isolationist characteristics in case law. Examples of this are&semic avoidance of use customary law through avoiding to determine it&semic a restrictive...


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