The Oxford Handbook of International Trade Law

by Bethlehem, Daniel; McRae, Donald; Neufeld, Rodney; Van Damme, Isabelle

• ISBN13: 9780199231928
• ISBN10: 0199231923
• Format: Hardcover
• Copyright: 2009-03-15
• Publisher: Oxford University Press

Summary

Over the past 10 years, the content and application of international trade law has grown dramatically. The WTO created a binding dispute settlement process and in resolving disputes, the judicial organs of the WTO have built up a substantial amount of new international trade law. Emerging from this new WTO process is an international trade law system that is in some respects self-contained and in other respects overlapping and linked to other international legal, economic and political regimes. The 'boundaries' of trade law are now generating enormous interest and controversy which, at a broader level, is subsumed within the debate over globalization. The detailed development of the rules of international trade is being examined with increasing frequency by scholars, government officials and trade law practitioners. But how does it fit with existing systems? How it is modified by them? How does the international trade law system affect and modify other regimes? This Handbook places international trade law within its broader context, providing comment and critique on contemporary thinking on a range of questions both related specifically to the discipline of international trade law itself and to the outside face of international trade law and its intersection with States and other aspects of the international system. It examines the economic and institutional context of the world trading system, its substantive law (including regional trade regimes) and the settlement of disputes. The final part of the book explores the wider framework of the world trading system, considering issues including the relationship of the WTO to civil society, the use of economic sanctions, state responsibility, and the regulation of multinational corporations.

Author Biography

Daniel Bethlehem is Legal Adviser to the United Kingdom Foreign and Commonwealth Office. Prior to taking up this position, he was Lecturer at the Faculty of Law, University of Cambridge and Queens Counsel practising at 20 Essex Street Chambers in London. Donald McRae is the Hyman Soloway Professor of Business and Trade Law at the University of Ottawa. He has been counsel in WTO disputes and has sat on dispute settlement panels under the Canada-US Free Trade, Agreement, NAFTA, the WTO and ICSID. He is a member of the International Law Commission.
Rodney Neufeld is a Legal Officer at the Foreign Affairs and International Trade Canada, Oceans Law Section. He also teaches international law, including international economic law, at the Universities of Ottawa and Carleton, and is an Executive Committee Member of the Canadian Council on International Law.
Dr. Isabelle Van Damme is a Fellow and College Lecturer at Clare College and Affiliated University Lecturer at the University of Cambridge Faculty of Law. She is also a Fellow at the Lauterpacht Centre of International Law in Cambridge. She has published and lectured on WTO law, EU law, the law of treaties, the fragmentation of international law, and international institutional law.

Table of Contents

Foreword	p. v
Acknowledgements	p. vii
List of Contributors	p. xiii
List of Abbreviations	p. xvii
List of Cited GATT Panel and Working Party Reports and their Common Abbreviations	p. xxiv
List of Cited WTO Panel and Appellate Body Reports, Other Initiated WTO Disputes, and their Common Abbreviations	p. xxviii
Table of Cases	p. xiv
Introduction	p. 1
The Economic and Institutional Context of the World Trading System
The Evolution of the World Trading System-The Economic and Policy Context	p. 5
The Evolution of the World Trading System-The Legal and Institutional Context	p. 30
The Place of the WTO in the International System	p. 54
Substantive Law
WTO Institutional Aspects	p. 79
GATT	p. 129
GATS	p. 157
TRIPS	p. 186
Responding to National Concerns	p. 209
Regional Trade Agreements	p. 237
Settlement Of Disputes
The Institutional Dimension	p. 269
Jurisdiction, Applicable Law, and Interpretation	p. 298
Procedural and Evidentiary Issues	p. 344
Standard of Review in WTO Law	p. 378
Remedies and Compliance	p. 437
The Limits of Judicial Processes	p. 460
Trade And ... The New Agenda And Linkage Issues
Trade and Development	p. 481
Trade and Environment	p. 505
Trade and Labour	p. 539
Trade and Human Rights	p. 571
Trade and Health	p. 597
Trade and Investment	p. 619
Trade and Competition Policy	p. 646
The Wider Framework
WTO and Civil Society	p. 671
nternational Trade Law, United Nations Law, and Collective Security Issues	p. 695
Regulating Multinational Corporations and International Trade Law	p. 723
Conclusion
Law, Culture, and Values in the WTO - Gazing into the Crystal Ball	p. 749
Index	p. 773
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