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Technical standards are increasingly determining the development, production, trade in and marketing of goods and services. In order to ensure that technical regulations and product standards which vary from country to country do not create unnecessary obstacles to trade the Agreement on Technical Barriers to Trade was adopted during the Uruguay Round. It is paralleled by the Agreement on Sanitary and Phytosanitary Measures which sets out the basic rules on how governments can apply food safety as well as animal and plant health measures without, however, using them as an excuse for protecting domestic producers. Prominent decisions under the WTO Dispute Settlement have interpreted those provisions. This volume gives a detailed account of the necessary parameters for technical standards and measures seeking to protect health and environment. Included are commentaries on Articles III, XI and XX of GATT 1994 which are equally relevant in this context. The article by article commentaries draw from a considerable body of case law, the work by the TBT and SPS Committee and the relevant legal literature. Attention is given to substantive requirements as well as the necessary standard setting procedures. Apart from a thorough analysis of the relevant and most recent jurisprudence including the Biotech Panel Report the commentary seeks to give answers to newly emerging issues, such as special needs of developing countries. It is an indispensable tool for practitioners and academics working in this field of WTO law.

This volume will be a valuable reference tool for the WTO community as a whole, as well as for professionals and researchers, who deal with one of the sectors concerned, e.g. financial services and telecommunications.

Solidarity and community interest may appear to be purely abstract notions. But in fact they may form the basis of a more flexible approach to international lawmaking than traditional formulas of legally binding commitments. Through an empirical analysis of existing and emerging public international law, this book traces these concepts in existing regimes and investigates the impact they have had and will continue to have on the progressive development of specific international regimes, particularly those serving the protection of the environment and of human rights. It discusses how through these two regimes these concepts have changed the international normative order and explores the challenges such changes have created for implementation and enforcement. One such challenge is the lack of an adequate dispute settlement regime, and the book closes with some practical suggestions for an appropriate mechanism.

The Liber Amicorum Budislav Vukas offers essays on current issues of international law, primarily concerning the subjects of international law, the law of the sea, human rights law, including minorities' protection, and dispute settlement.

With a special focus on normative questions of water governance in the relations between Iraq, Syria and Turkey, Water Law and Cooperation in the Euphrates-Tigris Region: A Comparative and Interdisciplinary Approach examines different issues of management regarding these shared waters.

\"Human Dignity and Human Cloning\" contains contributions by philosophers, theologians and lawyers on legal and ethical questions concerning the reproductive and therapeutic cloning of human beings. The main focus lies on the admissibility of cloning in German Constitutional law as well as in public international law. As these legal questions cannot be answered without taking account of the ethical discussion, the topic is analyzed from different cultural and religious viewpoints.

It has been argued that the expected sea-level rise will lead to the shifting of baselines. It is further held that, as a matter of consequence, this means that all maritime borders depending upon baselines will have to shift accordingly or have to be renegotiated. This would affect the boundaries vis-à-vis neighboring states, opposite or adjacent, as well as the delineation of the exclusive economic zone and the delineation of the continental shelf if no outer continental shelf (no shelf beyond 200 nm) exists. The Baselines Committee of the International Law Association (ILA) stated that in “extreme circumstances [landward changes of the baseline] could result in total territorial loss and the consequent total loss of baselines and of the maritime zones measured from those baselines. The existing law of the normal baselines does not offer an adequate solution to this potentially serious problem.” I see the logic of the arguments based upon Articles 3, 4, and 5 of the United Nations Convention on the Law of the Sea (UNCLOS). Nevertheless, I disagree with the interpretation of UNCLOS Articles 3 and 4. In consequence thereof, I disagree with the qualification that baselines are “ambulatory.” In my view, other considerations have to be taken into account—see below. I am pleased to note that the ILA Committee on sea-level rise in its report took a more balanced view than the Baselines Committee.