Efficiency Equity And Legitimacy Are Judicial Organs Of The World Trade Organization Overburdened
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Author | : Roger B. Porter |
Publisher | : Rowman & Littlefield |
Total Pages | : 470 |
Release | : 2004-06-23 |
Genre | : Business & Economics |
ISBN | : 9780815798255 |
A Brookings Institution Press and the Center for Business and Government at Harvard University publication The multilateral trading system stands at a crossroads. Despite its widely acknowledged contribution to global prosperity over the past half century, the movement toward further liberalization has increasingly been challenged. These essays by leading scholars and trade officials honor Raymond Vernon, one of the architects of the international economic institutions established following the Second World War. The book examines several key issues at the heart of the debate over the multilateral trading system. What are the global efficiency gains from further liberalization? How can efficiency gains be maximized while respecting legitimate claims to sovereignty? Is the trading system affording an equitable distribution of benefits between countries and among various groups within societies? Does civil society have a role in the trading system? What role should the World Trade Organization and its dispute settlement procedures play in resolving disputes and enhancing legitimacy?
Author | : Tomer Broude |
Publisher | : Cameron May |
Total Pages | : 352 |
Release | : 2004 |
Genre | : Foreign trade regulation |
ISBN | : 1874698848 |
Author | : Wenwei Guan |
Publisher | : Routledge |
Total Pages | : 321 |
Release | : 2020-06-04 |
Genre | : Law |
ISBN | : 1000071502 |
This book offers a critical examination of the jurisprudence of the World Trade Organization (WTO) as an emancipatory international social contract on trade. The book suggests that the WTO is an international organization built and operating on member states’ attribution of authority through consent with legislative, administrative, and adjudicative functions – three functions in one triune personality. With a solid constitutional continuity building on GATT experiences, the WTO has successfully made governments accountable to foreign individuals in various capacities either as traders of goods, providers of services, or holders of intellectual property rights within the global marketplace. With a triune personality, the WTO operates within the reign of state primacy – the force – ultimately for the benefits of individuals – the ends – in the global marketplace, and gains a soul of its own in the institutional evolution – the means – of the global trading regime. Although the tripartite dynamics between states, international institutions, and individuals in the global marketplace are unprecedentedly complex, the WTO’s ends of benefiting individuals in the global marketplace has no end. Beyond the critical analysis of WTO’s decision-making by consensus, the book critically examines GATT’s "common intention" treaty interpretation, Antidumping’s NME methodology, TRIPS’ public health concerns, and IP-competition trade policy dynamics. A unified WTO jurisprudence looking at the WTO as an international social contract on trade is therefore proposed to allow a fresh look at the force, the means, and the ends of the constitutional evolution of the global trading regime.
Author | : Steve Charnovitz |
Publisher | : World Scientific |
Total Pages | : 797 |
Release | : 2014-11-07 |
Genre | : Law |
ISBN | : 9814513261 |
The advent of the World Trade Organization (WTO) in 1995 transformed international economic law for states, enterprises, and nongovernmental organizations. This book analyzes how the WTO is changing the path of international trade law and examines the implications of these trends for the world economy and the global environment. Containing 18 essays published from 1999 to 2011, the book illuminates several of the most complex issues in contemporary trade policy. Among the topics covered are: Is there a normative theory of the WTO's purpose? Can constitutional theory provide guidance to keep the WTO's levers in balance? Should the WTO use trade sanctions for enforcement? What can the WTO do to enhance sustainable development and job creation?
Author | : International Trade Law Center |
Publisher | : Springer Science & Business Media |
Total Pages | : 3142 |
Release | : 2007-12-31 |
Genre | : Law |
ISBN | : 0387226885 |
The editors have succeeded in bringing together an excellent mix of leading scholars and practitioners. No book on the WTO has had this wide a scope before or covered the legal framework, economic and political issues, current and would-be countries and a outlook to the future like these three volumes do. 3000 pages, 80 chapters in 3 volumes cover a very interdiscplinary field that touches upon law, economics and politics.
Author | : Joel P. Trachtman |
Publisher | : Cameron May |
Total Pages | : 543 |
Release | : 2006 |
Genre | : Conflict of laws |
ISBN | : 1905017200 |
A collection of 13 previously published articles.
Author | : Steve Charnovitz |
Publisher | : Cambridge University Press |
Total Pages | : 460 |
Release | : 2005-10-27 |
Genre | : Law |
ISBN | : 9781139448420 |
The accelerating pace of international law developments in multiple fora present a challenge for studying, influencing, and predicting these changes. This volume assembles essays from notable jurists, academics, and practitioners from around the world who offer new insights regarding the jurisprudence of world trade law, the changing landscape of investment arbitration, and other vital topics in international adjudication. These essays are assembled in celebration of Justice Florentino Feliciano of The Philippines, who continues to be one of the most inspirational figures in the international law community. This collection will be of special interest to analysts of the World Trade Organization as the contributors include six current or former members of the WTO Appellate Body, as well as several leading trade law commentators. Among the key issues discussed are the WTO environmental cases, trade and human rights, and potential reforms of the WTO dispute system.
Author | : Daniel L. Bethlehem |
Publisher | : |
Total Pages | : 856 |
Release | : 2009 |
Genre | : Law |
ISBN | : 0199231923 |
Over the past 10 years, the content and application of international trade law has grown dramatically. The WTO created a binding dispute settlement process and in resolving disputes, the judicial organs of the WTO have built up a substantial amount of new international trade law. Emerging from this new WTO process is an international trade law system that is in some respects self-contained and in other respects overlapping and linked to other international legal, economic and political regimes. The 'boundaries' of trade law are now generating enormous interest and controversy which, at a broader level, is subsumed within the debate over globalization. The detailed development of the rules of international trade is being examined with increasing frequency by scholars, government officials and trade law practitioners. But how does it fit with existing systems? How it is modified by them? How does the international trade law system affect and modify other regimes? This Handbook places international trade law within its broader context, providing comment and critique on contemporary thinking on a range of questions both related specifically to the discipline of international trade law itself and to the outside face of international trade law and its intersection with States and other aspects of the international system. It examines the economic and institutional context of the world trading system, its substantive law (including regional trade regimes) and the settlement of disputes. The final part of the book explores the wider framework of the world trading system, considering issues including the relationship of the WTO to civil society, the use of economic sanctions, state responsibility, and the regulation of multinational corporations.
Author | : Roger B. Porter |
Publisher | : Brookings Institution Press |
Total Pages | : 468 |
Release | : 2001 |
Genre | : Political Science |
ISBN | : 9780815771630 |
Despite its widely acknowledged contribution to global prosperity over the past half century, the movement toward further liberalization has increasingly been challenged. This collection of essays examine several key issues at the heart of the debate over the multilateral trading system.
Author | : Fabian Bickel |
Publisher | : Springer Nature |
Total Pages | : 312 |
Release | : 2021-10-15 |
Genre | : Law |
ISBN | : 3030863123 |
How the WTO deals with regional trade agreements (RTAs) is conceptually and practically one of the most important questions in international trade law. This book clarifies that relationship focussing on one form of regional integration – customs unions – and one form of trade measures – anti-dumping measures. This book answers the question how anti-dumping measures and legislation change if a state is in a customs union as well. In doing so, this book provides a new reasoning why anti-dumping measures are modified in customs unions, as well as a comprehensive overview of how this has happened, a legal analysis on the legality of these changes, and an answer to the question how the different institutional settings have impacted questions of responsibility and attribution. Going beyond this, this book also considers the specific problems that arise in cases of economic integration and disintegration, and finally, the impact forming a customs union has on third parties that may impose anti-dumping measures on states that are members of a customs union.