WTO and Private International Law
Research output: Contributions to collected editions/works › Contributions to collected editions/anthologies › Research › peer-review
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Encyclopedia of Private International Law. ed. / Jürgen Basedow; Franco Ferrari; Giesela Rühl; Pedro de Miguel Asensio. Vol. 2 Cheltenham: Edward Elgar Publishing, 2017. p. 1844-1854.
Research output: Contributions to collected editions/works › Contributions to collected editions/anthologies › Research › peer-review
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TY - CHAP
T1 - WTO and Private International Law
AU - Dornis, Tim W.
PY - 2017/7
Y1 - 2017/7
N2 - In this entry, which is part of the forthcoming Encyclopedia of Private International Law (edited by Jürgen Basedow, Franco Ferrari, Pedro de Miguel Asensio, & Giesela Rühl, Edward Elgar, forthcoming 2017), I explore correlations between domestic regimes of private international law and World Trade Organization (WTO) law. Both sectors have traditionally been viewed as separate areas. Private international law (particularly choice of law) is viewed as part of a country’s national law. It is limited largely to private-party disputes and, hence, individual interests. WTO law, by contrast, is seen as a segment of public international law, an area to be kept strictly separate from national law. Private parties are neither directly protected nor endowed with individual rights. As can be shown, this impression of isolation is incorrect, primarily because private international law is no longer limited (if it ever was) to the resolution of private-party conflicts. It is the modern ‘regulatory function’ of private international law that may conflict with a state’s obligations under public international law. This becomes a concern with respect to WTO law.
AB - In this entry, which is part of the forthcoming Encyclopedia of Private International Law (edited by Jürgen Basedow, Franco Ferrari, Pedro de Miguel Asensio, & Giesela Rühl, Edward Elgar, forthcoming 2017), I explore correlations between domestic regimes of private international law and World Trade Organization (WTO) law. Both sectors have traditionally been viewed as separate areas. Private international law (particularly choice of law) is viewed as part of a country’s national law. It is limited largely to private-party disputes and, hence, individual interests. WTO law, by contrast, is seen as a segment of public international law, an area to be kept strictly separate from national law. Private parties are neither directly protected nor endowed with individual rights. As can be shown, this impression of isolation is incorrect, primarily because private international law is no longer limited (if it ever was) to the resolution of private-party conflicts. It is the modern ‘regulatory function’ of private international law that may conflict with a state’s obligations under public international law. This becomes a concern with respect to WTO law.
KW - Law
KW - WTO-Recht
KW - Private International Law
KW - WTO law
KW - barriers to trade
KW - non-discrimination
KW - national treatment
KW - most-favored nation rule
KW - choice of law
KW - private international law
KW - intellectual property law
KW - international corporate law
UR - http://www.e-elgar.com/shop/encyclopedia-of-private-international-law
U2 - 10.4337/9781782547235.W.4
DO - 10.4337/9781782547235.W.4
M3 - Contributions to collected editions/anthologies
SN - 978-1-78254-722-8
VL - 2
SP - 1844
EP - 1854
BT - Encyclopedia of Private International Law
A2 - Basedow, Jürgen
A2 - Ferrari, Franco
A2 - Rühl, Giesela
A2 - de Miguel Asensio, Pedro
PB - Edward Elgar Publishing
CY - Cheltenham
ER -