Reforming the World Trading System Legitimacy, Efficiency, and Democratic Governance

by Petersmann, Ernst-Ulrich; Harrison, James

• ISBN13: 9780199282630
• ISBN10: 0199282633
• Format: Paperback
• Copyright: 2005-08-11
• Publisher: Oxford University Press

Summary

The 1994 agreement establishing the World Trade Organization (WTO)regulates over 95% of world trade amongst 148 member countries. The November2001 Declaration of the Fourth Ministerial Conference of the WTO in Doha,Quatar, has launched the Doha Development Round of multilateral tradenegotiations in the WTo on 21 topics aimed at far-reaching reforms of the worldtrading system. On August 1st 2004, the WTO General Council reached agreement ona detailed Doha Work program with the aim of concluding negotiations in 2006.This volume provides discussion and policy recommendations by leading WTOnegotiators and policy-makers, and analysis by leading economists, politicalscientists and trade lawyers on the major subjects of the Doha Roundnegotiations. Over 30 contributors explore the complexity of the world tradingsystem and of the WTO negotiations for its reform from diverse political,economic and legal perspectives.

Author Biography

Ernst-Ulrich Petersmann is Professor of Law at the European University Institute, Florence.

Table of Contents

Notes on Contributors	xv
List of Abbreviations	xviii
I Introduction and Summary of the Book
WTO Negotiators and Academics Analyse the Doha Development Round of the WTO: Overview and Summary of the Book	3	(220)
Ernst-Ulrich Petersmann
II The Doha Development Round and the Future of the WTO: Policy Proposals
1 The Doha Development Agenda: Political Challenges to the World Trading System-A Cosmopolitan Perspective	39	(14)
Peter Sutherland
2 A Development Perspective on the WTO July 2004 General Council Decision	53	(30)
Faizel Ismail
3 Cordell Hull, the Reciprocal Trade Agreements Act, and the WTO	83	(16)
Kenneth W. Dam
III Building-Blocks for Concluding the Doha Round Negotiations on Agriculture
4 How to Forge a Compromise in the Agriculture Negotiations	99	(22)
Stefan Tangermann
5 The Agriculture Negotiations: The Road from Doha and How to Keep the Negotiations on a Positive Track	121	(6)
Stuart Harbinson
6 Strategic Use of WTO Dispute Settlement Proceedings for Advancing WTO Negotiations on Agriculture	127	(20)
Ernst-Ulrich Petersmann
IV The Doha Round Negotiations on Services Trade
7 Developing Country Proposals for the Liberalization of Movements of Natural Service Suppliers	147	(20)
L. Alan Winters
8 Navigating between the Poles: Unpacking the Debate on the Implications for Development of CATS Obligations relating to Health and Education Services	167	(38)
J. Anthony VanDuzer
9 Negotiations on Domestic Regulation and Trade in Services (CATS Article VI): A Legal Analysis of Selected Current Issues	205
Joel P. Trachtman
V Less-Developed WTO Members in the Doha Round Negotiations
10 Operationalizing the Concept of Policy Space in the WTO: Beyond Special and Differential Treatment	223	(22)
Bernard Hoekman
11 Can WTO Technical Assistance and Capacity-Building Serve Developing Countries?	245	(32)
Gregory Shaffer
VI Are WTO Rules Protecting Consumer Welfare?
12 Come Together? Producer Welfare, Consumer Welfare, and WTO Rules	277	(14)
Petros C. Mavroidis
13 Non-Discrimination, Welfare Balances, and WTO Rules: An Historical Perspective	291	(14)
Patrick A. Messerlin
14 Is There a Need for Additional WTO Competition Rules Promoting Non-Discriminatory Competition Laws and Competition Institutions in WTO Members?	305	(12)
François Souty
15 Are the Competition Rules in the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights Adequate?	317	(18)
Frederick M. Abbott
16 Investment and the Doha Development Agenda	335	(22)
Bijit Bora and Edward M. Graham
VII Challenges to the Political Legitimacy of the WTO System
17 The 'Human Rights Approach' Advocated by the UN High Commissioner for Human Rights and by the International Labour Organization: Is It Relevant for WTO Law and Policy?	357	(24)
Ernst-Ulrich Petersmann
18 Parliamentary Oversight of WTO Rule-Making: The Political, Normative, and Practical Contexts	381	(28)
Gregory Shaffer
19 How Can Parliamentary Participation in WTO Rule-Making and Democratic Control be Made More Effective in the WTO? A United States Congressional Perspective	409	(4)
David E. Skaggs
20 How Can Parliamentary Participation in WTO Rule-Making and Democratic Control Be Made More Effective? The European Context	413	(8)
Meinhard Hilf
21 A Parliamentary Dimension to the WTO: More than Just a Vision?	421	(8)
Erika Mann
22 A Few Thoughts on Legitimacy, Democracy, and the WTO	429	(8)
James Bacchus
23 The WTO and Cosmopolitics	437	(10)
Steve Charnovitz
24 Transparency, Public Debate, and Participation by NGOs in the WTO: a WTO Perspective	447	(8)
Julio A. Lacarte
VIII WTO Decision-Making Procedures, 'Member-Driven' Rule-Making, and WTO Consensus Practices: Are They Adequate?
25 Improving the Capacity of WTO Institutions to Fulfil their Mandate	455	(14)
Richard Blackhurst and David Hartridge
26 Chairing a WTO Negotiation	469	(28)
John S. Odell
27 Are WTO Decision-Making Procedures Adequate for Making, Revising, and Implementing Worldwide and 'Plurilateral' Rules?	497	(26)
Claus-Dieter Ehlermann and Lothar Ehring
28 Is There a Need for Restructuring the Collaboration among the WTO and UN Agencies so as to Harness their Complementarities?	523	(12)
Gary P. Sampson
29 Can the WTO Dispute Settlement System Deal with Competition Disputes?	535	(26)
Claus-Dieter Ehlermann and Lothar Ehring
Index	561