紹介
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.
目次
Introduction
Part I. The Constitutional Developments of International Trade Law: 1. Sovereignty, subsidiary and separation of powers: the high wire balancing act of globalization John H. Jackson
2. Constitutionalism and WTO law: from a state-centered approach towards a human rights approach in international economic law Ernst-Ulrich Petersmann
3. WTO decision-making: is it reformable? Friedl Weiss
4. Some institutional issues presently before the WTO Pieter J. Kuijper
5. Domestic regulation and international trade: where's the race? Ronald A. Cass and John R. Haring
Part II. The Scope of International Trade Law: Adding New Subjects and Restructuring Old Ones: 6. What subjects are suitable for WTO agreement? Brian Hindley
Comment Joel P. Trachtman
7. International action on bribery and corruption: why the dog didn't bark in the WTO Kenneth W. Abbott and Duncan Snidal
Comment: It's elementary, my dear friends Fred Morrison
8. Alternative national merger standards and the prospects for international cooperation Daniel J. Gifford and Robert T. Kudrle
Comment: Harmonizing global merger standards E. Thomas Sullivan
9. Agriculture on the way to firm international trading rules Stefan Tangermann
Part III. Legal Relations between Developed and Developing Countries: 10. The Uruguay Round North-South Grand Bargain: implications for future negotiations Sylvia Ostry
Comment: The Uruguay Round North-South Bargain: will the WTO get over it? Michael Finger
11. The TRIPS-legality of measures taken to address public health crises: responding to USTR-State-Industry positions that undermine the WTO Frederick M. Abbott
Comment: The TRIPS agreement T. N. Srinivasan
12. 'If only we were elephants': the political economy of the WTO's treatment of trade and environment matters Gregory C. Shaffer
Comment Sara Dillon
13. The Seattle impasse and its implications for the WTO John S. Odell
Comment Robert Howse
14. Developing country interests in WTO agricultural policy G. Edward Schuh
Comment: developing country interests in WTO agricultural policy Terry L. Roe
Part IV. The Operation of the WTO Dispute Settlement Procedure: 15. Testing international trade law: empirical studies of GATT/WTO dispute settlement Marc L. Busch and Eric Reinhardt
16. The appellate body and its contribution to WTO dispute settlement Debra P. Steger
17. A permanent panel body for WTO dispute settlement: desirable or practical? William J. Davey
Comment: step by step to an international trade court Amelia Porges
18. International trade policy and domestic food safety regulation: the case for substantial deference by the WTO dispute settlement body under the SPS agreement Michel Trebilcock and Julie Soloway
Comment: the case against clarity Daniel A. Farber
19. Judicial supremacy. Judicial restraint and the issue of consistency of preferential trade agreements with the WTO: the apple in the picture Petros C. Mavroidis
20. Rethinking WTO trade sanctions Steve Charnovitz
21. Problems with the compliance structure of the WTO dispute resolution process Gary N. Horlick
22. 'Inducing compliance' in WTO Dispute Settlement David Palmeter and Stanimir A. Alexandrov.
