To save content items to your account,
please confirm that you agree to abide by our usage policies.
If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account.
Find out more about saving content to .
To save content items to your Kindle, first ensure firstname.lastname@example.org
is added to your Approved Personal Document E-mail List under your Personal Document Settings
on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part
of your Kindle email address below.
Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations.
‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi.
‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Causation in the Law of the World Trade Organization: An Econometric Approach is for both scholars and practitioners of WTO law with an interest in the causal questions that WTO law raises. Assuming no prior knowledge of causal philosophy or statistical analysis, Dr Gascoigne discusses the problems in the current approach to causation in the WTO jurisprudence and proposes an alternative methodology that draws on causal philosophy and econometric analysis. The book demonstrates how this methodology could be harnessed to make causal determinations for the purpose of implementing trade remedies and to make out claims of serious prejudice. It also argues that the methodology could be helpful for assessing the impact of domestic legislation on policy objectives under the General Exceptions and the Technical Barriers to Trade Agreement as well as for calculating the amount of retaliation permissible under the Dispute Settlement Understanding.
The paper aims to present a critical analysis of the phenomenon and notion of exceptionalism in bioethics. The authors demonstrate that exceptionalism pertains to phenomena that are not (yet) entirely familiar to us and could potentially bear risks regarding their regulation. After an overview of the state of the art, we briefly describe the origins and evolution of the concept, compared to exception and exclusion. In the second step, they look at the overall development debates on genetic exceptionalism, compared to other bioethical debates on exceptionalism, before presenting a detailed analysis of a specific case of early regulation of genetic screening. In the last part, the authors explain the historical background behind the connection between exceptionalism and exclusion in these debates. Their main conclusion is that while the initial stage of the discussion is shaped by the concept of exceptionalism and awareness of risks of exclusion, the later development centers around exceptions that are needed in detailed regulatory procedures.
FTAs have become a major conduit for developing and organising a legal framework for capital movements across borders. While FTAs contemplate the liberalisation of signatories’ capital account and the facilitation of payments and transfers as a means to foster trade in goods and trade in financial services between countries, the agreements do more than simply require the free flow of capital. Indeed, FTAs also provide a variety of exceptions and carve-outs aimed at providing regulatory policy space. The amount and degree of policy space differs between and among agreements, but the trend is for treaties to include more and stronger protections. This chapter analyses typical provisions relating to financial services found in FTAs before turning to common FTA exclusions and exceptions. In so doing, four modern agreements are extensively referred to as examples – CPTPP, USMCA, RCEP and CETA. While many obligations and exceptions are based on and resemble the GATS, the provisions contained in FTAs can be deeper and more comprehensive than those of the multilateral trading system. Properly drafted, such FTAs should provide comfort to governments seeking to make use of targeted CFMs that they will be able to do so without violating their bilateral and regional trade agreements.
Having clarified how capital movements are regulated at the multilateral level and explained how the multilateral framework translates to the bilateral or regional levels through FTAs, we now turn to the third level of regulation made available in an international law context – international investment agreements (IIAs). IIAs are critical to capital movements and capital flows in that they create a specific legal framework with substantive provisions aimed at protecting and promoting cross-border investors and investment. Like the previous chapter, this chapter refers extensively to the four representative comprehensive treaties – CPTPP, USMCA, RCEP and CETA. Where applicable, reference is made to other agreements, and in particular agreements negotiated by developing countries. The main conclusion of the chapter is that modern IIAs contain a wide range of safeguards and limitations which effectively allow host governments to put CFMs into place in circumstances of financial instability and financial duress. Moreover, the chapter also details how arbitral tribunals have narrowly interpreted state obligations and given substantial deference to host states when applying exceptions. That being said, treaties are drafted differently and the language, terms and choices made in drafting a treaty can significantly affect obligations and outcomes.
The analysis in the substantive chapters of the book have led to the following six observations and concluding remarks: (1) the IMF has regulatory authority over capital controls; (2) The WTO is not an impediment to the implementation of CFMs; (3) modern FTAs and IIAs are not an impediment to the implementation of CFMs; (4) Investment Tribunals and WTO Dispute Settlement Panels have interpreted the prudential exception broadly, fairly and reasonably; (5) a CFM taken in accordance with IMF recommendations or guidance is unlikely to conflict with modern trade and investment agreements; and (6) there is a potential convergence between WTO and international investment law. A recurring theme is that the risk of IEL instruments constraining governments has been overstated. The main risk lies not so much in IEL agreements per se but in those agreements that do not incorporate modern drafting techniques which limit or condition State obligations or provide for a wide range of safeguards to ensure that legitimate CFMs do not run afoul of treaty obligations.
A court faced with a binding precedent that governs the case before it must apply the precedent, overrule it, hive off a new rule from the rule established by the precedent, create an exception to the rule, or distinguish the precedent. In hiving off, a new legal rule is carved out of an established rule to govern a subject that prior to the hiving-off fell within the established rule. The new rule then lives alongside the established rule. Exceptions differ in a fundamental way from hived-off rules. Hived-off rules are free-standing. In contrast, exceptions have no meaning except in the context of the rule from which they are an exception. Distinguishing may be fact-based or rule-based. In fact-based distinguishing the deciding court concludes that a precedent should not be applied to the case before it because of a difference between the facts of the two cases. In rule-based distinguishing the deciding court concludes that a precedent that plausibly applies to the case before it does not actually do so in fact.
The syllable and the mora as units of utterances, SPE's treatment without an explicit syllable, approaches to syllables including the syllable boundary approach, the autosegmental approach, the constituent-structure approach, and the moraic approach. Conditions on onsets and codas in various languages. Rules for syllabification in English, and some exceptional patterns.
Laws and regulations hindering data flows across borders are trade-restrictive, and some of these measures can violate WTO and PTAs' obligations. The chapter starts by exploring the multi-layered policy framework governing data flows and cross-border data flows identifying various policy goals typically associated with data restrictions.
This includes exploring the various elements required within the WTO framework to address the policy ramifications of data restrictive measures, focusing on General Agreement on Trade in Services (GATS). The chapter then explains the trade-related aspects of data flow regulation by focusing on two interconnected topics: (i) the special nature of digital trade and trade in data that makes it harder to apply existing GATS provisions to digital services; and (ii) those aspects of data flows that are trade-related and, thus, should be addressed in a trade law framework. Finally, the chapter proposes a novel WTO framework on data flows by identifying the foundational principles for data regulation and the legal provisions necessary to enable security, predictability and certainty in data flows.
Indexed constraints are often used in constraint-based phonological frameworks to account for exceptions to generalizations. A point of contention in the literature on constraint indexation revolves around indexed markedness constraints. While some researchers argue that only faithfulness constraints should be indexed, others argue that markedness constraints should be eligible for indexation as well. This article presents data from Japanese for which a complete synchronic analysis requires indexed markedness constraints but argues that such constraints are only necessary in cases where a phonological repair applies across a morpheme boundary. We then demonstrate that algorithms for learning grammars with indexed constraints can be augmented with a bias towards faithfulness indexation and discuss the advantages of incorporating such a bias, as well as its implications for the debate over the permissibility of indexed markedness constraints.
Chapter 2 seeks to precisely sculpt the contours of ‘defence’ by defining it. After putting forward that definition and explaining the attributes of defences, the first resistance from the current jurisprudence is encountered. The conflict point is what labelling a rule a ‘defence’ means procedurally. The original view held that respondents carried the burden of proof in respect of defences, but a critical school of prominent legal theorists has challenged this view. This chapter advocates a return to the original view. Following a demonstration of how to identify treaty provisions as containing defences, the second major enterprise of this chapter begins: distinguishing defences from other related legal concepts. This exemplifies how the definition of defence includes contributory fault and rules on investor misconduct but excludes other rules that are better classified as admissibility rules or remedy rules.
This study offers a concise overview of both the theory and practice of exceptions and limitations to copyright in the Czech Republic. The first part describes the copyright system of the Czech Republic and the general approach to regulating exceptions and limitations. The second part analyses the existing individual exceptions and limitations, and their application by national courts. The last part offers some conclusions and identifies future challenges.
In the summer of 2017, the International Law Commission adopted a draft article on exceptions to immunity. The Draft Article adopted provides that immunity ratione materiae does not apply with respect to certain international crimes, namely crimes against humanity, the crime of genocide, war crimes, the crime of apartheid, torture, and enforced disappearances. These exceptions do not apply to immunity ratione personae. The Draft Article was adopted after a vote and was severely criticized by some members of the Commission. It has also received mixed reaction from states, with some supporting its content while others have opposed it. In the aftermath of the adoption of the Draft Article, there has also been academic commentary, some of which has been critical. The (main) criticism levelled against the Draft Article is that it does not represent existing law and has no basis in the practice of states. This article seeks to evaluate the criticism by considering whether there is any state practice in support of the Draft Article proposed by the Commission.
Temporary laws or measures arise in different circumstances to deal with a wide array of perceived problems or concerns. This essay deals with one specific kind of temporary measures, which are provided for in international human rights treaties: ‘preferential treatments’ or ‘positive measures’, as they are called. The essay examines whether these measures undermine the predictability and stability of the norm of equality on which behalf they are said to have been adopted. The essay argues that these measures will be inconsistent with and destablise equality only if equality is understood narrowly as a principle that only requires sameness of treatment rather than the more substantive notion of equality (equality of opportunity) that this essay endorses and advances.
Anti-discrimination complaints by religious employees have constructed seemingly intractable conflicts. The United Kingdom courts have resolved these disputes by diluting individual religious liberty, particularly when determining questions of disadvantage and proportionality under indirect discrimination. This article explores an alternative UK anti-discrimination claim route for religious employees, namely an employer duty of reasonable accommodation. A comparative analysis outlines the corresponding Canadian duty. This model is applied to UK employment cases featuring indirect religious discrimination, specifically those claims which formed the recent applications in Eweida and Others v UK. It is suggested that adoption of the Canadian model be considered: its nuanced approach to proportionality is particularly instructive. Whilst such a UK duty could prove controversial, it would cohere with both normative theory in law and religion and conceptual understanding of anti-discrimination law. Moreover, reasonable accommodation's individualised focus should be acclaimed; it need not compromise collective notions of religious liberty.
Collaborative design conflicts are an important type of process “exception,” that is, a real-life contingency such as a process change, execution error, or missed opportunity that leads to suboptimal performance of a collaborative process. This paper presents an integrated computational approach to collaborative process exception handling that avoids important weaknesses in current conflict management methods through the synergistic integration of conflict, workflow, and rationale technology. The approach is based upon an inclusive dependency language plus coordination services for dependency capture, process enactment, and exception handling. An initial implementation of this method called “iDCSS” is presented and challenges for future evolution of this technology are identified.
The recent judgement on the merits in the Oil Platforms case has brought a long-standing dispute before the International Court of Justice to a close. This article critically analyzes some of the most interesting topics raised in this judgement, not least the fact that it was harshly criticized by a very high number of judges in their individual opinions. The issues discussed – such as the role of self-defence law within the confines of an ‘FCN treaty’ or the notion of ‘freedom of commerce’ – merely point to higher-level problems of a theoretical nature which cause our confusion as to substantive law.
The paper proposes a new knowledge representation language, called DLP<, which extends
disjunctive logic programming (with strong negation) by inheritance. The addition of inheritance
enhances the knowledge modeling features of the language providing a natural
representation of default reasoning with exceptions. A declarative model-theoretic semantics
of DLP< is provided, which is shown to generalize the Answer Set Semantics of disjunctive
logic programs. The knowledge modeling features of the language are illustrated by encoding
classical nonmonotonic problems in DLP<. The complexity of DLP< is analyzed, proving
that inheritance does not cause any computational overhead, as reasoning in DLP< has exactly
the same complexity as reasoning in disjunctive logic programming. This is confirmed by
the existence of an efficient translation from DLP< to plain disjunctive logic programming.
Using this translation, an advanced KR system supporting the DLP< language has been
implemented on top of the DLV system and has subsequently been integrated into DLV.
Email your librarian or administrator to recommend adding this to your organisation's collection.