Transatlantic Economic Disputes The EU, the US, and the WTO

by Petersmann, Ernst-Ulrich; Pollack, Mark A.

• ISBN13: 9780199261734
• ISBN10: 0199261733
• Format: Paperback
• Copyright: 2004-02-12
• Publisher: Oxford University Press

Summary

Recent transatlantic relations have been plagued by a seemingly endless series of disputes over trade and other economic and political interests. Some of these disputes have been amongst the most prominent of the WTO era: the Bananas Case, the Beef Hormones Case and over the application of the Helms-Burton Act. This book analyzes the source of transatlantic disputes, the means employed to prevent and settle such disputes both bilaterally and through the dispute settlement mechanism of the of the WTO, and to identify promising areas for reform. This book begins with a survey of transatlantic governance and dispute settlement problems. Part II analyzes 14 case-studies of transatlantic economic and regulatory disputes written by leading EU and US experts. The analytical papers in Part III examine the disputes in the broader context of legal, economic and political theories of dispute prevention and dispute settlement. Part IV offers policy recommendations from EU and US policy-makers and academics. Most of the more than 20 contributors conclude that joint EU-US leadership in multilateral institutions (e.g. for trade liberalization, dispute prevention and dispute settlement in the WTO) offers advantages over bilateral approaches. By contrast, a potential transatlantic free-trade association (TAFTA) remains a second-best approach which might not prevent many of the transatlantic disputes over internal trade-related domestic policies. Transatlantic initiatives e.g. forL regulatory cooperation and citizen-oriented institutional reforms can, however, serve as precedents for multilateral reforms (e.g. of WTO rules).

Author Biography

Mark A. Pollack is an Associate Professor of Political Science at the University of Wisconsin, Madison, where he teaches classes in international relations and comparative European politics. He received his B.A. in political science from Rutgers University in 1988, and his Ph.D. from Harvard University in 1995, and he served for two years as Senior Research Fellow and Visiting Professor at the European University Institute in Florence, Italy.
Ernst-Ulrich Petersmann is Professor of International and European Law at the European University Institute, Florence.

Table of Contents

Introduction Dispute Prevention and Dispute Settlement in the Transatlantic Partnership: Need for Strengthening EU/US Leadership

Transatlantic Governance Problems: The Broader Political Challenges

Case Studies Manifestly Illegal Import Restriction and Non-Compliance with WTO Dispute Settlement Rulings: Lessons from the Bananas Dispute

Safegueard Measures, Anti-Dumping and Countervailing Duty Disputes in the Transatlantic Partnership: How to Control 'Contingency Protection' More Effectively?

Production Subsidies, Export Subsidies and Tax Treatment of 'Foreign Sales Corporations': Lessons from Past GATT and WTO Disputes

Production and Export Subsidies in Agriculture: Lessons from Past GATT and WTO Disputes

Non-Discriminatory Sanitary and Phytosanitary Standards: Lessons from the Disputes over Hormones and Genetically Modified Organisms

Disputes Over Technical Barriers to Trade: Are WTO and EC Rules and Procedures Adequate?

Conflict Avoidance in the Context of the Bilateral EC-US Agreements on the Coordination of Competition Policies

Managing US-EU Trade Relations Throught Mutual Recognition and Safe Harbour Agreements: 'New' and Global Approaches to Transatlantic Governance

Government Procurement Disputes: Lessons from the Dispute Over Massachusetts 1996 Act Regulating State Contracts with Companies Doing Business with Burma (Myanmar)

Avoidance and Settlement of 'High Policy Disputes': Lessons from the Dispute over 'The Cuban Liberty and Democratic Solidarity Act'

EU-US Trade-Related Environmental Disputes: Are WTO Dispute Settlement Mechanisms and Multilateral Environmental Agreements Sufficient?

Dispute Prevention and Dispute Settlement in International Services Trade: The Example of Telecommunication and the 'Cultural Exception'

Dispute Prevention and Dispute Settlement in International Services Trade: The Example of International Air Transport Liberalization and Regulation

Investment Disputes in the Transatlantic Partnership: Choices Among Alternative Dispute Settlement FORA

Investment Disputes Under Chapter 11 of NAFTA: Lessons for the Transaltantic Partnership

Dispute Prevention and Dispute Settlement in the Field of Intellectual Property Rights and Electronic Commerce

Analytical Papers

Legal Theories on International Dispute Prevention and Dispute Settlement: Lessons for the Transatlantic Partnership

Political and Economic Theories on International Dispute Prevention and Dispute Settlement: Lessons for the Transatlantic Partnership

An 'Early Warning System' for Dispute Prevention in the Transatlantic Partnership: Experiences and Prospects

Private Involvement in EU-US Disputes

Policy Recommendations Dispute Prevention and Dispute Settlement in the Transatlantic Partnership - EU-US Leadership for Worldwide and Transaltlantic Trade Liberalization

EU Perspectives

US Perspectives

Business Perspectives

Political Science Perspectives

Legal Perspectives

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