New Directions in International Economic Law

by Bronckers, Marco

• ISBN13: 9789041198051
• ISBN10: 9041198059
• Format: Hardcover
• Copyright: 2001-01-01
• Publisher: Kluwer Law Intl

Summary

This book was occasioned by the 30-year anniversary of the appearance of Professor John H. Jackson's remarkable book, World Trade And The Law of GATT, which pioneered the new academic discipline of international trade law. Professor Jackson's approach has been unique in its emphasis on a multidisciplinary approach, which places the subject in its proper context--by examining international trade law not only in relation to economic considerations but by broadening it to include wider societal concerns such as environmental, national security, human rights, and labour standards issues. Accordingly this book, In Professor Jackson's honour, reflects his role as a forerunner of the law of globalization, addressing in particular the links between trade law and public international law, And The connections between trade and other societal concerns. The book is divided into five sections, dealing with: constitutional issues; substantive issues For The WTO; dispute settlement in the context of the WTO; new subjects relating To The WTO system including trade and labour; trade and competition, trade and investment, bribery and corruption, and domestic issues for WTO member countries. After a long and distinguished career at the Law School of the University of Michigan, Professor Jackson joined the faculty of Georgetown University in 1998, As University Professor.

Table of Contents

Introduction	ix
Part I. Constitutional Issues
Reflections on Democracy in the European Union	3	(12)
Eric Stein
Distributed Governance at the WTO-WIPO: An Evolving Model for Open-Architecture Integrated Governance	15	(20)
Frederick M. Abbott
``Subsidiarity'' in the WTO Context from a Legal Perspective	35	(12)
Jacques H.J. Bourgeois
Good Faith and the Protection of Legitimate Expectations in the WTO	47	(24)
Thomas Cottier
Krista N. Schefer
The Economics of Government Market Intervention, and Its International Dimension	71	(16)
Alan V. Deardorff
We the People: Civil Society and the World Trade Organization	87	(14)
Daniel C. Esty
The Challenge of Enhancing Global Security through Multilateral Legal Architecture	101	(10)
Edward J. Krauland
The WTO Constitution and the Millennium Round	111	(24)
Ernst-Ulrich Petersmann
The World Trade Organization: A New Constitution for the Trading System	135	(20)
Debra P. Steger
The Relationship of WTO Obligations to Other International Arrangements	155	(22)
Daniel K. Tarullo
Part II. WTO: Substantive Issues
John Jackson and the Development of GATT/WTO Subsidies Rules	177	(10)
Gary N. Horlick
The Product-Process Doctrine in GATT/WTO Jurisprudence	187	(32)
Robert E. Hudec
GATT Article XX and the WTO Appellate Body	219	(20)
Donald M. McRae
The Community's Regulation on Leg-Hold Traps: Creative Unilateralism Made Compatible with WTO Law through Bilateral Negotiations?	239	(20)
Reinhard Quick
Anti-dumping in the Second Millennium: The Need to Revise Basic Concepts	259	(22)
Edwin Vermulst
Part III. WTO: Dispute Settlement
Mercosur's Fragile Dispute Resolution System at Work: First Decision Ever Made by an ``Arbitration Panel'' in a Dispute Arising among Sovereign Parties	281	(10)
Emilio J. Cardenas
WTO Dispute Settlement: Segregating the Useful Political Aspects and Avoiding ``Over-Legalization''	291	(18)
William J. Davey
The Appellate Body and the Facts	309	(16)
Pieter Jan Kuyper
The Institutional Balance between the Judicial and the Political Organs of the WTO	325	(22)
Frieder Roessler
The Remedy for Breach of Obligations under the WTO Dispute Settlement Understanding: Damages or Specific Performance?	347	(14)
Alan O. Sykes
Part IV. WTO: New Subjects
Anti-competitive Practices and the WTO: The Elusive Search for New World Trade Rules	361	(10)
Jean-Francois Bellis
The WTO Reference Paper on Telecommunications: A Model for WTO Competition Law?	371	(20)
Marco C.E.J. Bronckers
Bringing Investment to the Aegis of the Multilateral Trading System: Steps Taken in the Context of the FTAA Negotiation Group on Investment	391	(24)
Roberto Echandi
Competition Policy in a Global Economy - Today and Tomorrow	415	(10)
Robert Pitofsky
Labor Standards and Trade	425	(16)
Robert M. Stern
A ``Normal'' Business Practice Becomes a Criminal Offence	441	(16)
Peter Van den Bossche
Part V. Domestic Issues
Strengthening National Compliance with Trade Law: Insights from Environment	457	(16)
Edith Brown Weiss
WTO Dispute Settlement and Japan	473	(20)
Yuji Iwasawa
Some Reflections on the Implementation of WTO Rules in the European Community Legal Order	493	(16)
Jean-Victor Louis
Interpretations of International Agreements by National Courts: An EC View	509	(16)
Richard H. Lauwaars
U.S. States, Sub-Federal Rules, and the World Trading System	525	(18)
Matthew Schaefer
Economic Sanctions and International Security: The Role of the European Court of Justice	543	(16)
Francis G. Jacobs
Application of the Japanese Antimonopoly Law to International Transactions	559	(12)
Mitsuo Matsushita
Bibliography of Professor John H. Jackson	571	(12)
Index	583