Sovereignty, the WTO and Changing Fundamentals of International Law

Similar documents
Table of Contents. Preface Abbreviations... 13

CONTENTS. Preface to the second edition Acknowledgements xi List of Abbreviations xiii

External Relations of the European Union

American Foreign Policy and Political Ambition

PROCESSES AND PRODUCTION METHODS (PPMs) IN WTO LAW

Subsidies in International Trade from the WTO Perspective. A Legal and Economic Analysis

Sources of law in the WTO

The Relationship of WTO Law and Regional Trade Agreements in Dispute Settlement. From Fragmentation to Coherence. Malebakeng Agnes Forere

Global Political Economy. Theory and Practice

Understanding U.S.-Latin American Relations

Treaty Interpretation by the WTO Appellate Body

The Development of the Rule of Law in the Multilateral Trading System. Edited by GABRIELLE MARCEAU

ESSAYS ON THE NATURE OF INTERNATIONAL TRADE LAW

INTERNATIONAL ORGANIZATIONS IN WTO DISPUTE SETTLEMENT

The EU Aid for Trade (AfT) Policy

IJRIM Volume 2, Issue 6 (June 2012) (ISSN ) WORLD TRADE ORGANIZATION: ITS IMPACT ON INDIAN ECONOMY ABSTRACT

The Varied Policies of International Juridical Bodies- Reflections on Theory and Practice

Teaching Notes The Sovereignty Wars: Reconciling America with the World

14.54 International Trade Lecture 22: Trade Policy (III)

Intellectual Property in the Global Trading System

Sovereign (In)equality in International Organizations

Issued by the PECC Standing Committee at the close of. The 13th General Meeting of the Pacific Economic Cooperation Council

POLS 435 International Political Economy. Prof. Layna Mosley Department of Political Science University of Notre Dame Fall 2003

Compliance with International Trade Obligations. The Common Market for Eastern and Southern Africa

Potential alliances for Turkey in coming WTO agricultural negotiations. CIHEAM Analytic note. N 20 June Berna Türkekul

The World Trade Organization. Alireza Naghavi

LEGAL ASPECTS OF ECONOMIC INTEGRATION IN AFRICA

Universal Human Rights in Theory and Practice

Understand the basic concepts of European Union Law and differentiate the EU legal order from international and national legal orders.

Power and Interdependence

POL 3: Introduction to International Relations Fall Course Website:

CIEE Barcelona, Spain

THE LEGALITY OF CREATING PLURILATERAL AGREEMENTS WITHIN THE WTO FOR SINGAPORE ISSUES

Corporate Governance

Cover Page. The handle holds various files of this Leiden University dissertation.

NEW THINKING ON TRADE POLICY AND DEVELOPMENT TRADE POLICY AND SOVEREIGNTY

Civil Liberties Law: The Human Rights Act Era

GLOBAL TRADE AND MARKETING

THE WTO DISPUTE SETTLEMENT PROCEDURES

International Relations and World Politics

International Business 7e

The Individual in the International Legal System: Continuity and Change in International Law

Appendix B A WTO Description of the Trade Policy Review Mechanism

Conflicts in International Trade Law

THE UNESCO CONVENTION ON THE DIVERSITY OF CULTURAL EXPRESSIONS. A Tale of Fragmentation in International Law. Toshiyuki KONO Steven VAN UYTSEL (eds.

THE WTO DISPUTE SETTLEMENT PROCEDURES

SOME FEATURES AND TRENDS OF THE WORLD TRADE IN THE GATT ERA

REGULATIONS FOR THE DEGREE OF MASTER OF INTERNATIONAL AND PUBLIC AFFAIRS (MIPA)

COMPARATIVE ANALYSIS OF MERGER CONTROL POLICY. Lessens for China

Trade and Public Policies: NTMs in the WTO

Chapter 9. The Political Economy of Trade Policy. Slides prepared by Thomas Bishop

International Political Economy

INTERNATIONAL ECONOMICS, FINANCE AND TRADE Vol. II - Globalization and the Evolution of Trade - Pasquale M. Sgro

International Human Rights Protection

International Political Economy in Context Individual Choices, Global Effects

Introduction to International Relations

INTRODUCTION EB434 ENTERPRISE + GOVERNANCE

War^ggression and Self-Defence

Full clear download (no formatting errors) at:

REFLECTIONS ON INTERNATIONAL ECONOMIC LAW

WORLD TRADE ORGANIZATION

GM4000 GLOBAL POLITICAL ECONOMY Dr. Roy Nelson, Spring 2011

UNITED STATES INTERNATIONAL UNIEVRSITY AFRICA SEMESTER IRL 4030: POLITICS OF INTERNATIONAL ECONOMICS INSTRUCTOR:

THE RISE OF MEGA-TRADING BLOCS AND THEIR SYSTEMIC IMPLICATIONS

Understanding Global Conflict and Cooperation

Greening International Jurisprudence

International Conference on Federalism Mont-Tremblant, October 1999 BACKGROUND PAPER GLOBALIZATION AND THE DECLINE OF THE NATION STATE

Intellectual Property in WTO Dispute Settlement

LL.M. in International Legal Studies WTO LAW

TOWARD A SYLLABUS FOR FALL 99-8/27/98

UNDERSTANDING INTERNATIONAL TRADE LAW

Political Science 12: IR -- Sixth Lecture, Part 1

International Law and International Relations

The Rules of the Game in the Global Economy: Policy Regimes for International Business. Second Edition

*** DRAFT RECOMMENDATION

Chapter Six. The Political Economy of International Trade. Opening Case. Opening Case

THE FORMATION AND TRANSFORMATION OF TRADING STATES: LIBERALIZATION AND STATE INSTITUTIONAL CHANGE SINCE A Prospectus

Globalization. The Politics of Global Economic Relations and International Business. N. Oluwafemi Mimiko. CAROLINA ACADEMIC PRESS

The Economics of European Integration, Second Edition

Preparing For Structural Reform in the WTO

NBER WORKING PAPER SERIES NATIONAL SOVEREIGNTY IN AN INTERDEPENDENT WORLD. Kyle Bagwell Robert W. Staiger

Preserving the future: engaging non governmental organisations and actors in sustainable environmental development

RELATIONSHIP BETWEEN ARTICLE XIX OF GATT 1994 AND AGREEMENT ON SAFEGUARD

Unit One: Introduction - the Study of International Political Economy. Dr. Russell Williams

Constitutionalism of Climate Justice: Towards an International Legal Framework to Respond to Climate Related Migration and Displacement

WTO and the Environment: Case Studies in WTO Law. Dr. Christina Voigt University of Oslo, Department of Public and International Law

In Defense of Trade:

SUBJECT SYLLABUS ACADEMIC OVERVIEW INTERNATIONAL SCHOOL OF ECONOMIC & ADMINISTRATIVE SCIENCES

The WTO and the Social Clause: Post-Singapore

international law of contemporary media session 7: the law of the world trade organization

Trade and Interdependence POL 3: INTRO TO IR

Table of Contents. 1 Crime and Corrections 1. 2 Corrections and Criminal Justice: An Overview 13. xvii. Preface

Natural Resources Journal

Rise and Fall of Trade Multilateralism: A Proposal for WTO à la carte as. an Alternative Approach for Trade Negotiations

CONTENTS INTRODUCTION TO LEGAL RESEARCH 1. List of Illustrations Preface Acknowledgments CHAPTER OVERVIEW 1

PUBLIC INTERNATIONAL. APractical Approach. 2nd edition ABDUL GHAFUR HAMID. Hall KHIN MAUNG SEIN. I'n'llIl<"(,

THE LAW AND POLITICS OF WTO WAIVERS

One main book, supplementary reading Treaty collection, Global and Regional Treaties Web pages

January 11, Dear Minister: New Year s greetings! I hope this letter finds you well.

Introduction and overview

Transcription:

Sovereignty, the WTO and Changing Fundamentals of International Law JOHN H.JACKSON CAMBRIDGE UNIVERSITY PRESS

Preface Table of Statutes and regulations Table of cases xi xiv xx Part I Ghalienges to fundamental assumptions of international lavv 1 Introduction: international lavv and international economic lavv in the interdependent world of the twenty-first Century 3 1.1 A time of challenge and changing assumptions 3 1.2 Facts on the ground: the world Situation landscape change, interdependence, globalization, adjustment 8 1.3 Implications for international law and its role for international relations: challenges to the fundamental logic and axioms of international law (a brief overview of things to come) 13 1.4 Gontours and road map - the structure of this book 15 2 The real world impinges on international law: exploring the challenges to the fundamental assumptions of international law and institutions 18 2.1 Introduction to exploring the challenges and their impacts on international law 18 2.2 Circumstances and conditions 20 2.3 International law and its discontents 32 2.4 International economic law 46

2.5 International institutional law 49 2.6 Some conclusions: the international law system challenged 54 3 Sovereignty-modern: a new approach to an outdated concept 57 3.1 Sovereignty and the fundamental logic of international law 57 3.2 Traditional Westphalian sovereignty concepts: outmoded and discredited? 62 3.3 Potentially valid policy objectives of sovereignty concepts 70 3.4 Perceptions and reflections for Part I: changing fundamentals of international law 76 Part II The WTO The WTO as international organization: institutional evolution, structure, and key problems 81 4.1 The WTO as international economic law and its relationship to general international law 81 4.2 The policy objectives and preferences for a WTO 84 4.3 Historical background: from Bretton Woods to Cancün and Hong Kong 91 4.4 The World Trade Organization: structure of the treaty and the Institution 104 4.5 Institutional problems of the WTO 4.6 WTO Rules and members' domestic legal Systems 4.7 Scope of the subject matter agenda for the WTO: the question of competence 128 The WTO dispute settlement system (l 34 5.1 The WTO dispute settlement system - unique, a great achievement, controversial 134 5.2 The bottom-up trial and error history of the GATT dispute settlement system and the Uruguay Round makeover 137 5.3 The multiple policy goals of international dispute settlement: dilemmas, balancing, and competing principles 145

5.4 The current structure and Operation of the WTO dispute settlement system 152 5.5 A decade of WTO dispute settlement activity, 1995-2005 159 5.6 Key jurisprudential questions I: the relation of WTO law to international law - sovereignty tensions 163 5.7 Key jurisprudential questions II: structural doctrines channeling juridical techniques of decision 173 5.8 Key jurisprudential questions III: treaty interpretation 182 5.9 Key jurisprudential questions IV: dispute settlement reports and national law 192 5.10 Key jurisprudential questions V: compliance and implementation 195 5.11 Dispute settlement structural problems and proposed reforms 199 5.12 Perspectives and conclusions for Part II: the lessons of the GATT/WTO System 204 Part III The search for Solutions 6 Policy analytical approaches and thought experiments 211 6.1 Introduction to Part III and Chapter 6 211 6.2 The sovereignty conundrum: slicing the concept 214 6.3 Towards a policy analysis matrix: a three-dimensional puzzle (at least) 217 6.4 Economics and markets: a thought experiment about market failure in the era of globalization 220 6.5 Thinking constitutional 222 6.6 The growing importance of juridical institutions 227 6.7 Interface theory: managing globalization in a world of wide Variation 230 7 Illustrative applications 234 7.1 Illustrative applications - grappling with detail and diversity 234 7.2 The WTO and its "constitution": institutional detail and dynamic evolution 236 7.3 Investments and international rules 240

7.4 Environmental policies 243 7.5 Health, globalization, and international institutions 245 7.6 Human rights and nation-state sovereignty 248 7.7 Federalism examples: US and EU struggles with the allocation of power 7.8 The United Nations and the use of force: constitutionalism evolving 256 8 Perspectives and implications: some conclusions 258 Appendix: Outline of the Uruguay Round treaty establishing the World Trade Organization 269 Notes 271 Index 353