Constitutional Economics of the WTO.

Constitutional Economics of the WTO.
Author: Joel P. Trachtman
Publisher:
Total Pages: 0
Release: 2010
Genre:
ISBN:

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This chapter examines the World Trade Organization (WTO) from the social scientific perspective of constitutional economics. This chapter thus seeks to identify the causes and consequences of constitutionalization. Assuming that states act with intentionality and accuracy in their establishment of organizational features, the cause of constitutionalization is the desire to effect the consequences of constitutionalization, so the focus here is on the potential consequences of constitutionalization in and in connection with the WTO.

The Constitutionalization of the World Trade Organization

The Constitutionalization of the World Trade Organization
Author: Deborah Z. Cass
Publisher: Oxford University Press, USA
Total Pages: 306
Release: 2005
Genre: Business & Economics
ISBN:

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This is a book about the constitutionalization of the World Trade Organization, and the contemporary development of institutional forms and democratic ideas associated with constitutionalism within the world trading system. It is about constitutionalization enthusiasts who promote institutions, management techniques, rights discourse and quasi-judicial power to construct a constitution for the WTO. It is about constitutional skeptics who fear the effect the phenomenon of constitutionalization is having on the autonomy of states, the capacity of the WTO to consider non-economic and non-free-trade goals, and democratic processes at the WTO and within the nation-state. The aim of the study, then, is to disentangle debates about the various meanings of the term 'constitution' when it used to apply to the World Trade Organization, and to reflect upon the significance of those meanings for more general international law conceptions of constitutions. Cass argues that the WTO is not and should not be described as a constitution, either by the standards of any received account of that term, or by the lights of any of the current WTO models. Under these definitions serious issues of legitimacy, democracy and community are at stake. The WTO would lack a proper political structure to balance the work of its judicial bodies; it may curtail the ability of states to decide matters of national economic interest; it lacks authorization by a coherent political community; and, it risks an emphasis upon economic goals and pure free trade over other, equally important, social values. Instead, Cass argues that what is needed is a constitutionalized WTO which considers the economic development needs of states and takes account of the skewed playing field of international trade and its effect on the economic prospects of developing countries. In short, trading democracy, legitimacy and community and not trading constitutionalization, are the biggest challenges facing the WTO.

The Path of World Trade Law in the 21st Century

The Path of World Trade Law in the 21st Century
Author: Steve Charnovitz
Publisher: World Scientific
Total Pages: 797
Release: 2014-11-07
Genre: Business & Economics
ISBN: 9814513253

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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?

The Political Economy of International Trade Law

The Political Economy of International Trade Law
Author: Daniel L. M. Kennedy
Publisher: Cambridge University Press
Total Pages: 712
Release: 2002-05-23
Genre: Law
ISBN: 1139434489

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International experts from law, economics and political science provide in-depth analysis of international trade issues. Attorneys, economists and political scientists adopt a common viewpoint, entitled 'transcending the ostensible'. This approach directs particular attention to the possibility that WTO legal institutions, like other international legal institutions, will function in unexpected ways due to the political and economic conditions of the international environment in which they have been created, and in which they operate. A range of trade problems are considered here. Topics include the constitutional dimensions of international trade law, adding subjects and restructuring existing subjects to international trade law, the legal relations between developed and developing countries, and the operation of the WTO dispute settlement procedure. This will be an essential volume for professionals and academics involved with international trade policy.

The Political Economy of WTO Implementation and China’s Approach to Litigation in the WTO

The Political Economy of WTO Implementation and China’s Approach to Litigation in the WTO
Author: Yenkong Ngangjoh-Hodu
Publisher: Edward Elgar Publishing
Total Pages: 211
Release: 2016-01-29
Genre: Business & Economics
ISBN: 1783473851

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Why, and how, do states obey international law? This engaging book tackles this very question head on via its examination of the conflicting and conciliating processes of the Chinese approach to litigation and the Western approach to legal orientation in the field of the WTO dispute settlement mechanism. The authors examine the normative framework of WTO rule implementation in a globalised international economic order. They further explore the notion of the rule of law in China's Confucian system, and how it interacts with a rule-based world trading system. Topics discussed include theorising the WTO implementation regime, the Chinese approach to law, China and the WTO dispute settlement system, and Chinese Confucianism and compliance. With its focus on international economic law and political science, this book will be accessible to students, policy makers, practitioners and academics looking to understand China and the rule of law in a global context

The Oxford Handbook of the Political Economy of International Trade

The Oxford Handbook of the Political Economy of International Trade
Author: Lisa L. Martin
Publisher: Oxford Handbooks
Total Pages: 577
Release: 2015
Genre: Business & Economics
ISBN: 0199981752

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The Oxford Handbook of the Political Economy of International Trade surveys the literature on the politics of international trade and highlights the most exciting recent scholarly developments. The Handbook is focused on work by political scientists that draws extensively on work in economics, but is distinctive in its applications and attention to political features; that is, it takes politics seriously. The Handbook's framework is organized in part along the traditional lines of domestic society-domestic institutions - international interaction, but elaborates this basic framework to showcase the most important new developments in our understanding of the political economy of trade. Within the field of international political economy, international trade has long been and continues to be one of the most vibrant areas of study. Drawing on models of economic interests and integrating them with political models of institutions and society, political scientists have made great strides in understanding the sources of trade policy preferences and outcomes. The 27 chapters in the Handbook include contributions from prominent scholars around the globe, and from multiple theoretical and methodological traditions. The Handbook considers the development of concepts and policies about international trade; the influence of individuals, firms, and societies; the role of domestic and international institutions; and the interaction of trade and other issues, such as monetary policy, environmental challenges, and human rights. Showcasing both established theories and findings and cutting-edge new research, the Handbook is a valuable reference for scholars of political economy.

WTO Law and Policy

WTO Law and Policy
Author: Jae Sundaram
Publisher: Routledge
Total Pages: 965
Release: 2022-04-11
Genre: Law
ISBN: 042963269X

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WTO Law and Policy presents an authoritative account of the emergence of the World Trade Organization (WTO) and the basic principles and institutional law of the WTO. It explores how political economy has shaped the WTO’s legal philosophy and policies, and provides insights into how international trade law at the WTO has developed. This textbook examines the legal obligations of the Member States of the WTO under the multilateral trade agreements, the legal remedies available under the rules-based dispute settlement system, and incorporates the most relevant case laws from the WTO’s jurisprudence. It outlines several key contemporary issues which the WTO faces as well as areas that need reforming. Each chapter covers a specific topic in relation to the framework and functionality of the WTO, with particular focus on the legal aspects of the multilateral trade order. The book is guided by the legal pronouncements of the Dispute Settlement Body (Panels and Appellate Body), and the commentaries on the interpretation of the provisions of the covered agreements. This book is ideal for all students studying international trade law, including those coming to international law, international trade law, and WTO law for the first time.

The World Trading System

The World Trading System
Author: John Howard Jackson
Publisher: MIT Press
Total Pages: 464
Release: 1997
Genre: Business & Economics
ISBN: 9780262600279

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Since the first edition of The World Trading System was published in 1989, the Uruguay Round of trade negotiations has been completed, and most governments have ratified and are in the process of implementing the General Agreement on Tariffs and Trade (GATT). In the Uruguay Round, more than 120 nations negotiated for over eight years, to produce a document of some 26,000 pages. This new edition of The World Trading System takes account of these and other developments. Like the first edition, however, its treatment of topical issues is grounded in the fundamental legal, constitutional, institutional, and political realities that mold trade policy. Thus the book continues to serve as an introduction to the study of trade law and policy. Two basic premises of The World Trading System are that economic concerns are central to foreign affairs, and that national economies are growing more interdependent. The author presents the economic principles of international trade policy and then examines how they operate under real- world constraints. In particular, he examines the extremely elaborate system of rules that governs international economic relations. Until now, the bulk of international trade policy has addressed trade in goods; issues inadequately addressed by policy include trade in services, intellectual property rights, certain investment measures, and agriculture. The author highlights the tension between legal rules, designed to create predictability and stability, and the governments need to make exceptions to solve short-term problems. He also looks at weaknesses of international trade policy, especially as it applies to developing countries and economies in transition. He concludes with a look at issues that will shape international trade policy well into the twenty-first century.

The Role of the Judge in International Trade Regulation

The Role of the Judge in International Trade Regulation
Author: Thomas Cottier
Publisher: University of Michigan Press
Total Pages: 377
Release: 2009-12-22
Genre: Law
ISBN: 047202499X

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The WTO is generally seen as a key actor of globalization and, as such, has been the point of convergence of popular irritation worldwide. Many of the reproaches addressed to the WTO show civil societys concern with what is perceived as a democratic deficit in the way the organization operates. The main fear is to see trade rise as the ultimate value, prevailing over concerns such as health and environment. The Role of the Judge offers insight into how disputes are solved at the WTO level, into how the judicial branch interacts with the rest of the organization, and into the degree of sensitivity of the system to external input. The book sheds light on the judicial system governing the WTO and shows it to be the only truly multilateral system where disputes are solved by third-party adjudication. The book develops along three lines: the first a search for cases submitted to the WTO where the judge exceeded its authority; the second a comparison of the WTO with the operations of national judicial systems having different levels of integration, specifically the United States (federal level) and the EC (quasi-federal level); and the third an exploration of directions for the future of dispute settlement in the WTO. Reflecting the diversity of its contributors, this book addresses questions of economics, political science, and law, bringing an unusual level of multidisciplinarity to this topic and context. It is designed for both academic readers and practitioners, who will find it full of practical insights as well as rich and detailed analysis. Thomas Cottier is Professor of European and International Economic Law, University of Bern, and Managing Director, World Trade Institute, University of Bern. Petros C. Mavroidis is Professor of Law, University of Neuchâtel. He formerly worked in the Legal Affairs Division of the World Trade Organization. Patrick Blatter is Mavroidiss scientific collaborator.

WTO - World Economic Order, World Trade Law

WTO - World Economic Order, World Trade Law
Author: Peter-Tobias Stoll
Publisher: BRILL
Total Pages: 312
Release: 2006-03-01
Genre: Business & Economics
ISBN: 904741733X

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Since its foundation in 1995, the World Trade Organization, with its extensive legal provisions, has been defining the world trade relations and also had an enormous impact on both European and national economic law. At the same time, the WTO is perceived within the political discussion as a symbol for the world trade relations as a whole, the challenges of globalization and justice of the world trade order. Due to the expansion, consolidation and the increased enforcement of its rules, the relevance of the World Trade Organization will continue to increase. This book describes the institutional system, the basic principles and the vast variety of rules of the World Trade Organization. It aims at clarifying the structures and the general concepts, in order to enable the reader to get a better understanding of the issues at stake in many of the discussions and controversies on world trade.