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: 9780521813198
• ISBN10: 0521813190
• Format: Hardcover
• Copyright: 2002-06-10
• 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

List of contributors	ix
Preface	xi
Foreword	xiii
Thomas Sullivan
Introduction: An overview of the volume	1	(12)
Part I The constitutional developments of international trade law
Sovereignty, subsidiarity, and separation of powers: The high-wire balancing act of globalization	13	(19)
John H. Jackson
Constitutionalism and WTO law: From a state-centered approach towards a human rights approach in international economic law	32	(36)
Ernst-Ulrich Petersmann
WTO decision-making: Is it reformable?	68	(13)
Friedl Weiss
Some institutional issues presently before the WTO	81	(30)
Pieter Jan Kuijper
Domestic regulation and international trade: Where's the race? Lessons from telecommunications and export controls	111	(46)
Ronald A. Cass
John R. Haring
Part II The scope of international trade law: Adding new subjects and restructuring old ones
What subjects are suitable for WTO agreement?	157	(20)
Brian Hindley
Comment: We have met the enemy and he is us	171	(6)
Joel P. Trachtman
International action on bribery and corruption: Why the dog didn't bark in the WTO	177	(31)
Kenneth W. Abbott
Duncan Snidal
Comment: It's elementary, my dear Abbott	205	(3)
Fred L. Morrison
Alternative national merger standards and the prospects for international cooperation	208	(46)
Daniel J. Gifford
Robert T. Kudrle
Comment: Harmonizing global merger standards	248	(6)
E. Thomas Sullivan
Agriculture on the way to firm international trading rules	254	(31)
Stefan Tangermann
Part III Legal relations between developed and developing countries
The Uruguay Round North-South Grand Bargain: Implications for future negotiations	285	(26)
Sylvia Ostry
Comment: The Uruguay Round North-South bargain: Will the WTO get over it?	301	(10)
J. Michael Finger
The TRIPS-legality of measures taken to address public health crises: Responding to USTR-State-industry positions that undermine the WTO	311	(38)
Frederick M. Abbott
Comment: The TRIPS Agreement	343	(6)
T. N. Srinivasan
``If only we were elephants'': The political economy of the WTO's treatment of trade and environment matters	349	(51)
Gregory C. Shaffer
Comment: The dynamics of protest	394	(6)
Sara Dillon
The Seattle impasse and its implications for the World Trade Organization	400	(35)
John S. Odell
Comment: Trade negotiations and high politics: Drawing the right lessons from Seattle	430	(5)
Robert Howse
Developing country interests in WTO agricultural policy	435	(22)
G. Edward Schuh
Comment: WTO and policy reform in developing countries	450	(7)
Terry L. Roe
Part IV The operation of the WTO dispute settlement procedure
Testing international trade law: Empirical studies of GATT/WTO dispute settlement	457	(25)
Marc L. Busch
Eric Reinhardt
The Appellate Body and its contribution to WTO dispute settlement	482	(14)
Debra P. Steger
A permanent panel body for WTO dispute settlement: Desirable or practical?	496	(41)
William J. Davey
Comment: Step by step to an international trade court	528	(9)
Amelia Porges
International trade policy and domestic food safety regulation: The case for substantial deference by the WTO Dispute Settlement Body under the SPS Agreement	537	(46)
Michael Trebilcock
Julie Soloway
Comment: The case against clarity	575	(8)
Daniel A. Farber
Judicial supremacy, judicial restraint, and the issue of consistency of preferential trade agreements with the WTO: The apple in the picture	583	(19)
Petros C. Mavroidis
Should the teeth be pulled? An analysis of WTO sanctions	602	(34)
Steve Charnovitz
Problems with the compliance structure of the WTO dispute resolution process	636	(10)
Gary N. Horlick
``Inducing compliance'' in WTO dispute settlement	646	(21)
David Palmeter
Stanimir A. Alexandrov
Bibliography of works	667	(6)
Robert E. Hudec
Index	673