The Political Economy of International Trade Law: Essays in Honor of Robert E. Hudec

by Edited by Daniel L. M. Kennedy , James D. Southwick

• ISBN13: 9780521065917
• ISBN10: 0521065917
• Edition: 1st
• Format: Paperback
• Copyright: 2008-06-19
• Publisher: Cambridge University Press

Summary

International experts from law, economics and political science provide in-depth analysis of international trade issues. Attorneys, economists and political scientists adopt a common viewpoint, entitled 'transcending the ostensible'. This approach directs particular attention to the possibility that WTO legal institutions, like other international legal institutions, will function in unexpected ways due to the political and economic conditions of the international environment in which they have been created, and in which they operate. A range of trade problems are considered here. Topics include the constitutional dimensions of international trade law, adding subjects and restructuring existing subjects to international trade law, the legal relations between developed and developing countries, and the operation of the WTO dispute settlement procedure. This will be an essential volume for professionals and academics involved with international trade policy.

Table of Contents

Introduction

The Constitutional Developments of International Trade Law

Sovereignty, subsidiary and separation of powers: the high wire balancing act of globalization

Constitutionalism and WTO law: from a state-centered approach towards a human rights approach in international economic law

WTO decision-making: is it reformable?

Some institutional issues presently before the WTO

Domestic regulation and international trade: where's the race?

The Scope of International Trade Law: Adding New Subjects and Restructuring Old Ones

What subjects are suitable for WTO agreement?

Comment

International action on bribery and corruption: why the dog didn't bark in the WTO

Comment: It's elementary, my dear friends

Alternative national merger standards and the prospects for international cooperation

Comment: Harmonizing global merger standards

Agriculture on the way to firm international trading rules

Legal Relations between Developed and Developing Countries

The Uruguay Round North-South Grand Bargain: implications for future negotiations

Comment: The Uruguay Round North-South Bargain: will the WTO get over it?

The TRIPS-legality of measures taken to address public health crises: responding to USTR-State-Industry positions that undermine the WTO

Comment: The TRIPS agreement

`If only we were elephants': the political economy of the WTO's treatment of trade and environment matters

Comment

The Seattle impasse and its implications for the WTO

Comment

Developing country interests in WTO agricultural policy

Comment: developing country interests in WTO agricultural policy

The Operation of the WTO Dispute Settlement Procedure

Testing international trade law: empirical studies of GATT/WTO dispute settlement

The appellate body and its contribution to WTO dispute settlement

A permanent panel body for WTO dispute settlement: desirable or practical?

Comment: step by step to an international trade court

International trade policy and domestic food safety regulation: the case for substantial deference by the WTO dispute settlement body under the SPS agreement

Comment: the case against clarity

Judicial supremacy

Judicial restraint and the issue of consistency of preferential trade agreements with the WTO: the apple in the picture

Rethinking WTO trade sanctions

Problems with the compliance structure of the WTO dispute resolution process

`Inducing compliance' in WTO Dispute Settlement

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