The Resource What does the recent WTO litigation on renewable energy subsidies tell us about methodology in legal analysis? : the good, the bad, and the ugly, Luca Rubini

What does the recent WTO litigation on renewable energy subsidies tell us about methodology in legal analysis? : the good, the bad, and the ugly, Luca Rubini

Label
What does the recent WTO litigation on renewable energy subsidies tell us about methodology in legal analysis? : the good, the bad, and the ugly
Title
What does the recent WTO litigation on renewable energy subsidies tell us about methodology in legal analysis?
Title remainder
the good, the bad, and the ugly
Statement of responsibility
Luca Rubini
Creator
Contributor
Subject
Language
eng
Summary
Through the use of the recent litigation on renewable energy subsidies in the World Trade Organization ('WTO') as case-study, this paper highlights the importance of methodology in legal analysis and, in particular, of integrity, coherence and legitimacy. Reference is made to those cases where, in presence of pressing policy considerations, the adjudicator is led to commit serious errors in order to reach what is perceived as a just and desirable outcome. It is sometimes the case that adjudicators are called to distinguish a 'good' policy from a 'bad' one, and, if the regulatory framework is not sufficiently responsive to such distinctions, the act of accommodation of law and policy may lead to 'ugly' constructions of the law. The twist of this course of conduct is that the effects of legal interpretation tweaking might not be easily confined to the case at hand and may have broader, negative implications for the legal system at large. Rather than resolving into a simple criticism of adjudicating bodies, the paper argues that the ultimate responsibility for dispute settlement mistakes caused by policy pressures is that of law-makers and their inability to take the lead and reform the law
Member of
Cataloging source
IT-FiEUI
http://library.link/vocab/creatorName
Rubini, Luca
Index
no index present
Literary form
non fiction
http://library.link/vocab/relatedWorkOrContributorName
Robert Schuman Centre
Series statement
  • EUI working papers. RSC
  • EUI papers
Series volume
2014/05
http://library.link/vocab/subjectName
World Trade Organization
Label
What does the recent WTO litigation on renewable energy subsidies tell us about methodology in legal analysis? : the good, the bad, and the ugly, Luca Rubini
Link
http://hdl.handle.net/1814/29518
Instantiates
Publication
Note
Subject: World Trade Organization; SCM Agreement; Renewable energy subsidies; Dispute settlement; Legal interpretation
Bibliography note
Includes bibliographical references
Carrier category
volume
Carrier category code
nc
Carrier MARC source
rdacarrier.
Content category
text
Content type code
txt
Content type MARC source
rdacontent.
Control code
FIEb17544634
Dimensions
30 cm.
Extent
34 pages
Media category
unmediated
Media MARC source
rdamedia.
Media type code
n
System control number
(OCoLC)993101422
Label
What does the recent WTO litigation on renewable energy subsidies tell us about methodology in legal analysis? : the good, the bad, and the ugly, Luca Rubini
Link
http://hdl.handle.net/1814/29518
Publication
Note
Subject: World Trade Organization; SCM Agreement; Renewable energy subsidies; Dispute settlement; Legal interpretation
Bibliography note
Includes bibliographical references
Carrier category
volume
Carrier category code
nc
Carrier MARC source
rdacarrier.
Content category
text
Content type code
txt
Content type MARC source
rdacontent.
Control code
FIEb17544634
Dimensions
30 cm.
Extent
34 pages
Media category
unmediated
Media MARC source
rdamedia.
Media type code
n
System control number
(OCoLC)993101422

Library Locations

    • Badia FiesolanaBorrow it
      Via dei Roccettini 9, San Domenico di Fiesole, 50014, IT
      43.803074 11.283055
Processing Feedback ...