Global Governance by Judiciary

Global Governance by Judiciary PDF Author: Robert Howse
Publisher:
ISBN: 9781841133454
Category : Foreign trade regulation
Languages : en
Pages : 320

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Book Description
One of the most striking innovations in international law of the last decade is the creation of a standing appellate court at the World Trade Organization, "the Appellate Body". While there are other international tribunals with appellate chambers, the WTO Appellate Body stands out for its creation of a rich and controversial body of jurisprudence, crafted through the dozens of rulings it has made since 1996. In areas such as trade and environment, and trade and health, the Appellate Body has stepped into some of the most heated trade conflicts of the post-Seattle world. This book examines the WTO Appellate Body as the first full blown international law experiment with "routine" appellate review. Issues covered include the choice of interpretative method by the Appellate Body, its internal operations (for example the role of collegiality and the staff in the Appellate Body Secretariat), the Appellate Body's understanding of its own jurisdiction and mandate, and the argument put by critics that the Appellate Body has been engaging in inappropriate "judicial activism", especially in sensitive areas such as the review of domestic trade remedy (dumping, subsidies and safeguards) cases. As the first book length analysis and assessment of the Appellate Body, this volume will be of interest to trade law specialists, but also to all those who are concerned with the relationship of law to politics in global governance, and with the role of the international judge.

Global Governance by Judiciary

Global Governance by Judiciary PDF Author: Robert Howse
Publisher:
ISBN: 9781841133454
Category : Foreign trade regulation
Languages : en
Pages : 320

Get Book Here

Book Description
One of the most striking innovations in international law of the last decade is the creation of a standing appellate court at the World Trade Organization, "the Appellate Body". While there are other international tribunals with appellate chambers, the WTO Appellate Body stands out for its creation of a rich and controversial body of jurisprudence, crafted through the dozens of rulings it has made since 1996. In areas such as trade and environment, and trade and health, the Appellate Body has stepped into some of the most heated trade conflicts of the post-Seattle world. This book examines the WTO Appellate Body as the first full blown international law experiment with "routine" appellate review. Issues covered include the choice of interpretative method by the Appellate Body, its internal operations (for example the role of collegiality and the staff in the Appellate Body Secretariat), the Appellate Body's understanding of its own jurisdiction and mandate, and the argument put by critics that the Appellate Body has been engaging in inappropriate "judicial activism", especially in sensitive areas such as the review of domestic trade remedy (dumping, subsidies and safeguards) cases. As the first book length analysis and assessment of the Appellate Body, this volume will be of interest to trade law specialists, but also to all those who are concerned with the relationship of law to politics in global governance, and with the role of the international judge.

Writing Global Trade Governance

Writing Global Trade Governance PDF Author: Michael Strange
Publisher: Routledge
ISBN: 1136022805
Category : Political Science
Languages : en
Pages : 238

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Book Description
Writing Global Trade Governance operationalises a key post-structuralist methodology in order to expand understanding on the institution at the heart of the global political economy. Despite the WTO’s centrality and the growing popularity of methods utilizing discourse theory, no other text has yet demonstrated how these two fields of learning can be productively combined. The book seeks to move beyond existing literatures that assume the WTO to be a structure, institution or normative framework, in order to enquire into the discursive processes of identity formation that make the WTO both possible and contested. The book criticises conventional approaches that treat critical civil society as distinct to the WTO, arguing instead that it is only through including such social practices within the field of relations making the WTO that we can properly understand what makes the WTO work. The book presents an empirical analysis of the discursive character of the present-day WTO (including its formation and operation) and then moves on to evaluate how it is subject to change within a broader social context. The final stage of the book seeks to discuss the impact of the findings on future research, both on the WTO and other institutions. This work is a significant intervention in the literature on the World Trade Organization and the politics of global trade and social movements, and will be of great interest to students and scholars of global governance, discourse theory and international organizations

The Shifting Landscape of Global Trade Governance

The Shifting Landscape of Global Trade Governance PDF Author: Manfred Elsig
Publisher: Cambridge University Press
ISBN: 1108485677
Category : Business & Economics
Languages : en
Pages : 447

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Book Description
Takes stock of current challenges to the world trading system and develops scenarios for the future.

The WTO and Global Governance

The WTO and Global Governance PDF Author: Gary P. Sampson
Publisher: Brookings Institution Press
ISBN:
Category : Business & Economics
Languages : en
Pages : 308

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Book Description
This book contains the views of people in areas of international affairs as to the proper role of the World Trade Organization (WTO) in global governance. It explores the policy implications of WTO trade related issues that overlap with other institutions, and proposes future policy directions that could ensure coherent and consistent policies at the national and international level.-- Publisher's description.

China and Global Trade Governance

China and Global Trade Governance PDF Author: Ka Zeng
Publisher: Routledge
ISBN: 1136161821
Category : Political Science
Languages : en
Pages : 332

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Book Description
China's historic accession to the World Trade Organization (WTO) in November 2001 not only represents an important milestone in the country’s transition to a market economy and integration into the global economy, but is also among the most important events in the history of the WTO and the multilateral trading system. China and Global Trade Governance: China's First Decade in the World Trade Organization provides us with some fresh empirical data to assess the country’s behaviour in the liberal international economic regime. Such an assessment is both timely and necessary as it can help us better understand China’s role in the evolving structure of global economic governance, in addition to shedding light on the broader debate about the implications of the rise of China for the international system. Through a thorough examination of China’s WTO compliance record and its experience in multilateral trade negotiations, this book seeks to better understand the sources of constraints on China’s behaviour in the multilateral trade institution as well as the country’s influence on the efficacy of the World Trade Organization. In doing so, this project speaks directly to the following questions raised by China’s unprecedented ascent in the international system: Is China a rule maker, rule follower, or rule breaker in international regimes? Is Beijing a responsible stakeholder capable of making positive contributions to global trade governance in the long-term?

The WTO

The WTO PDF Author: Rorden Wilkinson
Publisher: Routledge
ISBN: 1136016708
Category : Political Science
Languages : en
Pages : 194

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Book Description
Rorden Wilkinson explores the factors behind the collapse of World Trade Organisation (WTO) ministerials – as in Seattle in 1999 and Cancun in 2003 – and asks why such events have not significantly disrupted the development of the multilateral trading system. He argues that the political conflicts played out during such meetings, their occasional collapse and the reasons why such events have so far not proven detrimental to the development of the multilateral trading system can be explained by examining the way in which the institution was created and has developed through time. In addition, this new text: explores the development of the multilateral trading system from the creation of the General Agreement on Tariffs and Trade (GATT) in 1947 to the WTO’s Hong Kong ministerial in December 2005 examines the way in which the interaction of member states has been structured by the institution’s development assesses the impact of institutional practices and procedures on the heightening of political tensions and explains why WTO ministerials exhibit a propensity to collapse but why the breakdown of a meeting has so far not prevented the institution from moving forward This book will be of interest to scholars and students of international politics, economics and law

Trade and Environment Governance at the World Trade Organization Committee on Trade and Environment

Trade and Environment Governance at the World Trade Organization Committee on Trade and Environment PDF Author: Manuel Teehankee
Publisher: Kluwer Law International B.V.
ISBN: 9403522046
Category : Law
Languages : en
Pages : 463

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Book Description
In the opinion of many, the most crucial issue confronting the world today lies in achieving a sustainable nexus among global trade, economic development, and the environment. This book, written by a prominent diplomat with extensive direct experience in this field, presents a much-needed critical perspective on the conflict of norms among the three policy regimes, focusing on the dilemma of reconciling approaches regarding harmonized global governance and a more diverse community-based approach. It is the first and only in-depth treatment to systematically study a series of deliberations in the World Trade Organization’s Committee on Trade and Environment (CTE), highlighting perspectives taken by both developed and developing economies. The book demonstrates that the CTE’s contributions to the evolving trade and environment policy framework have been, contrary to popular perception, both substantial and relevant. In his review of how the particular characteristics of twenty key work outputs of the CTE impact current practice in trade and environment policy discussions, the author discusses such key issues and topics as the following: a singular harmonized global governance framework versus the centrifugal force of community-based, localized or regional solutions that emphasize diversity and multifaceted institution building; drawbacks and continuing relevance of the CTE Work Agenda; issues related to carbon, intellectual property rights, and services; market access for environmental goods; requirements for environmental purposes relating to products, including standards and technical regulations, packaging, labeling, and recycling; and ways forward for combining global regimes with local solutions in an environmental context. Given the urgent need for making economic policies more coherent with sustainability and environmental goals, and for overcoming the ongoing stalemate between developed and developing countries on this matter, this book is sure to be warmly welcomed by policy makers and negotiators in the areas of both trade and environment, as well as by academics, theorists, and experts in the field of global governance interested in formulating practical approaches to trade and environment governance and minimizing potential policy conflicts.

Contesting Global Governance

Contesting Global Governance PDF Author: Robert O'Brien
Publisher: Cambridge University Press
ISBN: 9780521774406
Category : History
Languages : en
Pages : 282

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Book Description
A rich analysis of the increasingly important engagement between international institutions and global social movements.

Big Data and Global Trade Law

Big Data and Global Trade Law PDF Author: Mira Burri
Publisher: Cambridge University Press
ISBN: 110884359X
Category : Business & Economics
Languages : en
Pages : 407

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Book Description
An exploration of the current state of global trade law in the era of Big Data and AI. This title is also available as Open Access on Cambridge Core.

The Law and Policy of the World Trade Organization

The Law and Policy of the World Trade Organization PDF Author: Peter Van den Bossche
Publisher: Cambridge University Press
ISBN: 9781139445559
Category : Law
Languages : en
Pages : 784

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Book Description
This is primarily a textbook for graduate and upper-level undergraduate students of law. However, practising lawyers and policy-makers who are looking for an introduction to WTO law will also find it invaluable. The book covers both the institutional and substantive law of the WTO. While the treatment of the law is often quite detailed, the main aim of this textbook is to make clear the basic principles and underlying logic of WTO law and the world trading system. Each section contains questions and assignments, to allow students to assess their understanding and develop useful practical skills. At the end of each chapter there is a helpful summary, as well as an exercise on specific, true-to-life international trade problems.