This book, based upon a doctoral thesis adopted by the Faculty of Law
of the University of Bern, Switzerland, and which at the time was supported
by the Swiss National Research Foundation and undertaken in the
context of NCCR International Trade Regulation which I had the pleasure
to direct, undertakes an updated in-depth analysis of these underlying
perceptions. Michael Burkard expounds the essence and differences of
positivism and relativism in philosophy and natural sciences. He clarifies the
relationship of fundamental concepts such as risk, hazards and probability.
This investigation is a remarkable effort on the part of a lawyer keen to
learn more about the fundamentals based upon which the law—often
unconsciously—is operated by the legal profession and the trade community.
Based on these insights, Michael turns to a critical assessment of
jurisprudence both of panels and the Appellate Body.