Global Governance by Judiciary

Global Governance by Judiciary

Author: Robert Howse

Publisher:

Published: 2004

Total Pages: 320

ISBN-13: 9781841133454

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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

Author: Michael Strange

Publisher: Routledge

Published: 2013-08-15

Total Pages: 238

ISBN-13: 1136022805

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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


China and Global Trade Governance

China and Global Trade Governance

Author: Ka Zeng

Publisher: Routledge

Published: 2013-12-13

Total Pages: 332

ISBN-13: 1136161821

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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?


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

Author: Manuel Teehankee

Publisher: Kluwer Law International B.V.

Published: 2020-06-11

Total Pages: 463

ISBN-13: 9403522046

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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.


Redesigning the World Trade Organization for the Twenty-first Century

Redesigning the World Trade Organization for the Twenty-first Century

Author: Debra P. Steger

Publisher: Wilfrid Laurier Univ. Press

Published: 2009-12-15

Total Pages: 498

ISBN-13: 1554581745

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Two high-level commissions—the Sutherland report in 2004, and the Warwick Commission report in 2007—addressed the future of the World Trade Organization and made proposals for incremental reform. This book goes further; it explains why institutional reform of the WTO is needed at this critical juncture in world history and provides innovative, practical proposals for modernizing the WTO to enable it to respond to the challenges of the twenty-first century. Contributors focus on five critical areas: transparency, decision- and rule-making procedures, internal management structures, participation by non-governmental organizations and civil society, and relationships with regional trade agreements. Co-published with the International Development Research Centre and the Centre for International Governance Innovation


A Manual on Statistics of International Trade in Services

A Manual on Statistics of International Trade in Services

Author: International Monetary Fund

Publisher: International Monetary Fund

Published: 2003-03-06

Total Pages: 194

ISBN-13: 9781589061286

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The Manual sets out an internationally agreed framework for the compilation and reporting of statistics on international trade in services in the broad sense. It addresses the growing need, including in international trade negotiations and agreements, for more detailed, comparable, and comprehensive statistics on this type of trade in its various forms. The recommendations will enable countries to progressively expand and structure the information they compile in an internationally comparable way. The Manual conforms with and explicitly relates to the System of National Accounts 1993 and the fifth edition of the IMF’s Balance of Payments Manual. It is published jointly by the United Nations, European Union, IMF, OECD, UNCTAD, and World Trade Organization.


The WTO

The WTO

Author: Rorden Wilkinson

Publisher: Routledge

Published: 2013-01-11

Total Pages: 194

ISBN-13: 1136016708

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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


The WTO and Global Governance

The WTO and Global Governance

Author: Gary P. Sampson

Publisher: Brookings Institution Press

Published: 2008

Total Pages: 308

ISBN-13:

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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.


What's Wrong with the WTO and How to Fix It

What's Wrong with the WTO and How to Fix It

Author: Rorden Wilkinson

Publisher: John Wiley & Sons

Published: 2014-10-07

Total Pages: 261

ISBN-13: 0745686443

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We need a world trade organization. We just don't need the one that we have. By pitching unequally matched states together in chaotic bouts of negotiating the global trade governance of today offers - and has consistently offered - developed countries more of the economic opportunities they already have and developing countries very little of what they desperately need. This is an unsustainable state of affairs to which the blockages in the Doha round provide ample testimony. So far only piecemeal solutions have been offered to refine this flawed system. Radical proposals that seek to fundamentally alter trade governance or reorient its purposes around more socially progressive and egalitarian goals are thin on the ground. Yet we eschew deeper reform at our peril. In What's Wrong with the World Trade Organization and How to Fix It Rorden Wilkinson argues that without global institutions fit for purpose, we cannot hope for the kind of fine global economic management that can put an end to major crises or promote development-for-all. Charting a different path he shows how the WTO can be transformed into an institution and a form of trade governance that fulfils its real potential and serves the needs of all.