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Author : John H. Jackson
Publisher :
ISBN 13 : 9781855673533
Total Pages : 0 pages
Book Rating : 4.6/5 (735 download)
Download or read book The World Trade Organization written by John H. Jackson and published by . This book was released on 1998 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Deborah Z. Cass
Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 306 pages
Book Rating : 4.3/5 (91 download)
Download or read book The Constitutionalization of the World Trade Organization written by Deborah Z. Cass and published by Oxford University Press, USA. This book was released on 2005 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Deborah Z. Cass
Publisher :
ISBN 13 :
Total Pages : 758 pages
Book Rating : 4.:/5 (577 download)
Download or read book Harvard Law School Thesis written by Deborah Z. Cass and published by . This book was released on 2003 with total page 758 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Roger B. Porter
Publisher : Brookings Institution Press
ISBN 13 : 9780815771630
Total Pages : 468 pages
Book Rating : 4.7/5 (716 download)
Download or read book Efficiency, Equity, and Legitimacy written by Roger B. Porter and published by Brookings Institution Press. This book was released on 2001 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Isabelle Van Damme
Publisher :
ISBN 13 : 0199562237
Total Pages : 487 pages
Book Rating : 4.1/5 (995 download)
Download or read book Treaty Interpretation by the WTO Appellate Body written by Isabelle Van Damme and published by . This book was released on 2009 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes how the Appellate Body uses particular principles of general international law in interpreting the WTO covered agreements. It deals equally with general international law and WTO law. The aim is to explain how the Appellate Body interprets and applies customary international law on treaty interpretation in dealing with the WTO covered agreements. The main concern is to analyze the judicial reasoning and ways of justifying judicial decision-making. In particular, it answers the question of how the Appellate Body explains its reading of WTO treaty language. It is argued that the Appellate Body has interpreted the WTO covered agreements in a contextual and effective manner, an approach that corresponds with general international law. The character of the WTO covered agreements has, nevertheless, confronted the Appellate Body with some questions of interpretation that were until recently unexplored or neglected by other courts and tribunals. In that sense, the Appellate Body has contributed to the development of general international law on treaty interpretation, or at least to its practice. WTO law is primarily treaty law, but increasingly soft law and broader themes and values from other disciplines, such as governance, variable geometry and legitimacy, are introduced and discussed. Customary international law - with the exception of the principles of treaty interpretation - and general principles of law are often seen as excluded entirely. An ancillary theme of this proposed monograph is the extent to which customary international law and general principles of law have penetrated WTO law through the technique of treaty interpretation.
Author : John O. McGinnis
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
Download or read book The World Trade Constitution written by John O. McGinnis and published by . This book was released on 2001 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conventional wisdom holds that the World Trade Organization (WTO) necessarily poses a threat to sovereignty and representative government within its member nations. Professors McGinnis and Movsesian refute this view. They argue that the WTO can be understood as a constitutive structure that, by reducing the power of protectionist interest groups, can simultaneously promote international trade and domestic democracy. Indeed, in promoting both free trade and accountable government, the WTO reflects many of the insights that inform our own Madisonian Constitution. Professors McGinnis and Movsesian reject recent proposals to grant the WTO regulatory authority, endorsing instead the WTO's limited adjudicative power as the better means to resolve the difficult problem of covert protectionism. They develop a series of procedure-oriented tests that would permit WTO tribunals to invalidate covert protectionism without supplanting national judgments on labor, environmental, health, and safety policies. Finally, they demonstrate that the WTO's emerging approach to the problem of covert protectionism largely comports with the democracy-reinforcing jurisprudence they recommend, and they offer some suggestions for reforms that would help prevent the organization from going astray in the future.
Author : Joel P. Trachtman
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
Download or read book Constitutional Economics of the WTO. written by Joel P. Trachtman and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Jan Klabbers
Publisher : OUP Oxford
ISBN 13 : 0191582646
Total Pages : 416 pages
Book Rating : 4.1/5 (915 download)
Download or read book The Constitutionalization of International Law written by Jan Klabbers and published by OUP Oxford. This book was released on 2009-10-01 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines one of the most debated issues in current international law: to what extent the international legal system has constitutional features comparable to what we find in national law. This question has become increasingly relevant in a time of globalization, where new international institutions and courts are established to address international issues. Constitutionalization beyond the nation state has for many years been discussed in relation to the European Union. This book asks whether we now see constitutionalization taking place also at the global level. The book investigates what should be characterized as constitutional features of the current international order, in what way the challenges differ from those at the national level and what could be a proper interaction between different international arrangements as well as between the international and national constitutional level. Finally, it sketches the outlines of what a constitutionalized world order could and should imply. The book is a critical appraisal of constitutionalist ideas and of their critique. It argues that the reconstruction of the current evolution of international law as a process of constitutionalization -against a background of, and partly in competition with, the verticalization of substantive law and the deformalization and fragmentation of international law- has some explanatory power, permits new insights and allows for new arguments. The book thus identifies constitutional trends and challenges in establishing international organisational structures, and designs procedures for standard-setting, implementation and judicial functions. This paperback edition features the authors' discussion of this book on the EJIL Talks blog.
Author : Bardo Fassbender
Publisher : BRILL
ISBN 13 : 9004175105
Total Pages : 228 pages
Book Rating : 4.0/5 (41 download)
Download or read book The United Nations Charter as the Constitution of the International Community written by Bardo Fassbender and published by BRILL. This book was released on 2009 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: The a oeconstitutionalizationa of international law is one of the most intensely debated issues in contemporary international legal doctrine. The term is used to describe a number of features which distinguish the present international legal order from a oeclassicala international law, in particular its shift from bilateralism to community interest, and from an inter-state system to a global legal order committed to the well-being of the individual person. The author of this book belongs to the leading participants of the constitutionalization debate. He argues that there indeed exists a constitutional law of the international community that is built on and around the Charter of the United Nations. In this book, he explains why the Charter has a constitutional quality and what legal consequences arise from that characterization.
Author : USA Department of State
Publisher :
ISBN 13 :
Total Pages : 14 pages
Book Rating : 4.:/5 (91 download)
Download or read book A Constitution for World Trade: Summary of the Geneva Draft of a Charter for an International Trade Organization written by USA Department of State and published by . This book was released on 1947 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Erika de Wet
Publisher : Amsterdam University Press
ISBN 13 : 9056293877
Total Pages : 35 pages
Book Rating : 4.0/5 (562 download)
Download or read book The International Constitutional Order written by Erika de Wet and published by Amsterdam University Press. This book was released on 2005-05-12 with total page 35 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title can be previewed in Google Books - http://books.google.com/books'vid=ISBN9789056293871.
Author : Debra P. Steger
Publisher : Wilfrid Laurier Univ. Press
ISBN 13 : 1554581745
Total Pages : 498 pages
Book Rating : 4.5/5 (545 download)
Download or read book Redesigning the World Trade Organization for the Twenty-first Century written by Debra P. Steger and published by Wilfrid Laurier Univ. Press. This book was released on 2009-12-15 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Author : Sungjoon Cho
Publisher :
ISBN 13 :
Total Pages : 53 pages
Book Rating : 4.:/5 (55 download)
Download or read book Constitutional Adjudication in the World Trade Organization written by Sungjoon Cho and published by . This book was released on 2008 with total page 53 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Andrew Lang
Publisher : OUP Oxford
ISBN 13 : 0191656151
Total Pages : 416 pages
Book Rating : 4.1/5 (916 download)
Download or read book World Trade Law after Neoliberalism written by Andrew Lang and published by OUP Oxford. This book was released on 2013-01-17 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rise of economic liberalism in the latter stages of the 20th century coincided with a fundamental transformation of international economic governance, especially through the law of the World Trade Organization. In this book, Andrew Lang provides a new account of this transformation, and considers its enduring implications for international law. Against the commonly-held idea that 'neoliberal' policy prescriptions were encoded into WTO law, Lang argues that the last decades of the 20th century saw a reinvention of the international trade regime, and a reconstitution of its internal structures of knowledge. In addition, the book explores the way that resistance to economic liberalism was expressed and articulated over the same period in other areas of international law, most prominently international human rights law. It considers the promise and limitations of this form of 'inter-regime' contestation, arguing that measures to ensure greater collaboration and cooperation between regimes may fail in their objectives if they are not accompanied by a simultaneous destabilization of each regime's structures of knowledge and characteristic features. With that in mind, the book contributes to a full and productive contestation of the nature and purpose of global economic governance.
Author : Robert Howse
Publisher :
ISBN 13 : 9781841133454
Total Pages : 320 pages
Book Rating : 4.1/5 (334 download)
Download or read book Global Governance by Judiciary written by Robert Howse and published by . This book was released on 2004 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Michael Zurn
Publisher : Cambridge University Press
ISBN 13 : 1139510975
Total Pages : 401 pages
Book Rating : 4.1/5 (395 download)
Download or read book Rule of Law Dynamics written by Michael Zurn and published by Cambridge University Press. This book was released on 2012-06-18 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the various strategies, mechanisms and processes that influence rule of law dynamics across borders and the national/international divide, illuminating the diverse paths of influence. It shows to what extent, and how, rule of law dynamics have changed in recent years, especially at the transnational and international levels of government. To explore these interactive dynamics, the volume adopts an interdisciplinary approach, bringing together the normative perspective of law with the analytical perspective of social sciences. The volume contributes to several fields, including studies of rule of law, law and development, and good governance; democratization; globalization studies; neo-institutionalism and judicial studies; international law, transnational governance and the emerging literature on judicial reforms in authoritarian regimes; and comparative law (Islamic, African, Asian, Latin American legal systems).
Author : Muhammad Amir Munir
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
Download or read book Book Review of 'The World Trade Organization written by Muhammad Amir Munir and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book deals very concisely on such a big topic of describing the organizational structure and the establishing history of WTO. This book has been divided into five chapters, apart from foreword, prefatory remarks, and a number of indexes at the end of the book dealing with the basic documents establishing the WTO. The chapters are: The Uruguay Round and the WTO; the new organization and its antecedents; Bretton Woods; the ITO; the GATT and the WTO; the WTO - Charter and Organization; Dispute Settlement and the WTO and Reflections on and Implications of the WTO Constitution. The structure of the book provides that the book will give a short historical and analytical development of the WTO, how it differed from the previous GATT and what is the present situation after establishment of WTO. Hence, the book is quite a helpful in guiding readers who wanted to have basic knowledge about WTO and its working.
