9780844741574

Free Trade, Sovereignty, Democracy

by
  • ISBN13:

    9780844741574

  • ISBN10:

    0844741574

  • Format: Paperback
  • Copyright: 2001-07-01
  • Publisher: Aei Pr
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Supplemental Materials

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  • The New copy of this book will include any supplemental materials advertised. Please check the title of the book to determine if it should include any access cards, study guides, lab manuals, CDs, etc.

Table of Contents

Acknowledgments ix
Introduction: Issues, Themes, and Recommendations
1(19)
The WTO as ``World Court''
5(2)
Sovereignty
7(2)
International Relations and International Legal Theory
9(3)
Major Recommendations
12(6)
Plan of the Book
18(2)
The General Agreement on Tariffs and Trade
20(8)
Theories of Dispute Resolution: Lawyers versus Diplomats
22(2)
History of Dispute Settlement under the GATT
24(2)
International Relations Theory and the Global Trading System
26(2)
The Uruguary Round: A New Dispute Settlement System
28(9)
Major Provisions of the New System
30(1)
Deadlines: The System Streamlined
31(1)
Results to Date: What the Numbers Tell Us
32(5)
Emerging Constitutional Problems and Substantive Deficiencies
37(33)
Negotiated Rules versus Judicial Activism
38(4)
Implications for WTO Governance and National Sovereignty
42(3)
Judicial Creativity
45(11)
Regulatory Issues
56(7)
Soft Law, Customary Law, and Progressive Interpretation
63(7)
Critiques from the Right and Left
70(27)
Critique from the Right: Trade Lawyers and Trade Professors
70(7)
A Parallel Universe on the Left: NGOs and International Organizations
77(7)
The WTO and the Environmentalists' Challenge
84(13)
Whose WTO Is It? Democratic Governments versus Stakeholders
97(14)
Democratic Theory at the International Level: What is Legitimate?
99(2)
Greater Participation and Standing for NGOs: Advantages and Disadvantages
101(7)
The Political Dynamics and Consequences of Allowing Standing for NGOs and Corporations
108(3)
Proposals for Reform and Reasons for Retaining the Status Quo
111(37)
Proposals for Constitutional Reform
111(18)
Compliance, Retaliation, and Compensation
129(3)
International Law versus National Law: Direct Effect
132(3)
Transparency and Participation
135(8)
Congressional Oversight
143(3)
Eminent Persons Group
146(2)
Afterword 148(1)
Appendix 1. International Relations Theory, International Legal Theory, and the WTO 149(25)
Theories of International Relations
150(13)
Models for the WTO
163(11)
Appendix 2. Potential Technical Changes in the DSU Process 174(5)
Eliminating the Interim Report
174(1)
Creating a Permanent, Professional Panel Body
175(1)
Abolishing the Panels
176(1)
Empowering the Appellate Body to Remand Cases
176(1)
Recommendations
177(2)
Notes 179(58)
Index 237(10)
About the Author 247

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