The Prospects of International Trade Regulation : From Fragmentation to Coherence.
Finding ways to bring coherence in the different bits and pieces of international trade regulation.
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Author / Creator: | |
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Other Authors / Creators: | Delimatsis, Panagiotis. |
Format: | eBook Electronic |
Language: | English |
Imprint: | Cambridge : Cambridge University Press, 2011. |
Subjects: | |
Local Note: | Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2022. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries. |
Online Access: | Click to View |
Table of Contents:
- Cover
- Half-title
- Title
- Copyright
- Contents
- Figures
- Tables
- Contributors
- Preface and Acknowledgements
- Table of cases
- 1. International Court of Justice
- 2. Court of Justice (EU)
- 3. General Court (EU)
- 4. European Patent Office (EPO)
- 5. WTO Panels and Appellate Body
- 6. GATT
- 7. European Court of Human Rights (ECtHR)
- 8. European Commission of Human Rights
- 9. NAFTA
- 10. Other Abritration
- 11. Domestic Courts
- (a) United States
- (b) Canada
- Abbreviations
- Introduction: Fragmentation and coherence in international trade regulation: analysis and conceptual foundations
- A. The challenges of fragmentation
- B. Fragmentation in international law
- C. Fragmentation in WTO dispute settlement
- I. WTO law coordination
- II. The role of bilateral and regional agreements
- III. Decisions by regional international tribunals and res judicata
- IV. Some tentative concluding remarks
- D. Conceptual responses to fragmentation
- I. The hermeneutical approach: systemic legal reasoning and policy coordination
- II. The constitutionalist approach: systemic governance order and common values
- III. A third way: The multilayered governance approach - a pragmatic synthesis
- IV. The fundamental critique: missing societal foundations in international relations
- E. Insights from legal theory
- I. The nature and role of law
- II. The benchmark of effective, efficient and legitimate legal systems
- III. Coherence as an instrument to enhance effectiveness, efficiency and legitimacy
- 1. Formal consistency: the legalistic model of rules
- 2. Substantial coherence: the constitutionalist model of principles
- F. Promoting coherence through multilayered constitutionalism
- Bibliography
- Part I: Constitutional issues in international trade regulation.
- 1 The constitutionalisation of international trade law
- A. Introduction
- B. Key concepts and methdodological problems
- C. How far has the WTO been constitutionalised to date?
- I. Constitutional principles constraining Members
- II. Democracy
- III. Rule of law: constitutional principles constraining the WTO
- IV. (Judicial) constitutionalisation of and through WTO dispute settlement
- D. The WTO: private or public interest?
- I. The communal approach to public interest
- 1. Public interest and private interest
- 2. A communal interpretation of Article XX GATT
- II. The sovereigntist approach to public interest
- 1. `Public interest' in limitation clauses and general exception clauses
- 2. A sovereigntist interpretation of Article XXI GATT: a self-judging obligation
- III. The constitutionalist approach to public interest
- 1. International adjudication on sovereigntist clauses
- 2. A constitutionalist interpretation of exception clauses: accepting national `collective preferences'
- IV. Preliminary outlook
- E. Policy recommendations
- I. Constitutional substance
- II. Access of private actors to WTO dispute settlement and to domestic courts
- III. A multilevel judiciary
- IV. Political and legal accountability
- V. Law- and decision-making
- Bibliography
- 2 Reflections on modes of decision-making in the World Trade Organization
- A. Introduction
- B. Conceptualising a political system: legitimacy and accountability
- C. Decision-making in the WTO from a political science perspective
- I. Governance elements: member-driven, consensual and single-package oriented
- II. The WTO Secretariat in international negotiations
- D. Decision-making from a legal perspective
- I. Material perspective
- 1. Distinctions in international institutional law
- 2. Distinctions in the WTO Agreement.
- 3. Distinctions elaborated by Swiss constitutional theory
- 4. Further criteria in the legal and political science literature
- II. Formal perspective
- III. Designing flexible, non-consensual decision rules
- E. The vertical dimension of decision-making: The role of corporations
- I. Demand for trade policy: the missing exporters' coalitions and the changing nature of import-competing group lobbying
- II. Constructing an analytical framework for corporate trade policy interests
- III. Comparing textile industries' interest aggregation
- F. Decision-making across competing authorities
- I. The WTOs judicial interactions across intergovernmental organisations
- 1. Linkage through deference
- 2. Linkage through incorporation of other international arrangements
- 3. Presumptive exceptions and the adjudication of competing values
- II. Various logics of horizontal interaction
- G. Conclusions
- Bibliography
- 3 Regionalism: moving from fragmentation towards coherence
- A. Introduction
- B. The reality of RTAs
- I. Post-war waves of regionalism
- 1. The first wave of regionalism
- 2. The second wave of regionalism
- 3. The third wave of regionalism
- II. Regionalism and multilateralism
- III. A snapshot of today's regionalism
- IV. Regionalism in the regions
- 1. Complexity multipliers
- V. Spaghetti bowl in services and non-tariff barriers
- C. RTAs and the multilateral trading system
- I. What is wrong with regionalism?
- 1. The threat of pervasive regionalism
- 2. The threat to norms
- 3. Regionalism as Plan B
- II. A return to the Great Powers world?
- D. Towards coherence
- I. WTO-led ideas enhancing coherence
- 1. WTO soft-law disciplines on RTAs
- 1. Negotiate voluntary best-practice guidelines for RTA disciplines for new RTAs and for modifications of existing RTAs.
- 2. More ambitiously, negotiate a level of RTA discipline that was in between that of Article XXIV and the Enabling Clause.
- 2. New sectoral free trade agreements
- II. RTA-led ideas
- 1. Plurilateralise rules of origin and cumulation
- 2. `Anti-spaghetti' clauses in RTAs
- 3. Development friendly ROOs and cumulation
- 4. Development-friendly cumulation
- 5. Switching to an -eitheror approach' to rules of origin
- E. Conclusion
- Part II: Reforming specific areas of trade regulation
- 4 Reframing sustainable agriculture
- A. Introduction
- B. What is sustainable agriculture?
- I. Doha Round problems with sustainable agriculture
- II. The evolving debate on sustainable agriculture, trade liberalisation and food security
- C. Empirical research on attitudes towards sustainable agriculture
- I. Stakeholder surveys in Switzerland, New Zealand, Turkey and China
- I. Stakeholder perception surveys in Switzerland and New Zealand
- 1. Agricultural policies in New Zealand and Switzerland
- 2. Survey results and interpretation
- II. Stakeholder perception surveys in Turkey and China
- 1. Agricultural policies in Turkey and China
- 2. Survey Results and Interpretation
- D. The political economy of sustainable agriculture
- I. The basic policy insights from comparing the four cases
- 1. Switzerland and New Zealand
- 2. Turkey and China
- II. Policy space and WTO disciplines
- E. The development dimension
- I. WTO Disciplines
- 1. Present rules
- 2. Doha
- 3. Impact
- II. Impact of Swiss trade and agricultural policies on developing countries
- 1. Trade impact assessments
- 2. Free access for all products of least developed countries?
- III. Food security and trade
- IV. The potential of geographical indications for rural development
- V. Mobilising science and technology to ensure endogenous growth and food security.
- 1. Facilitating entrepreneurship and technological innovation in agriculture
- 2. Best practices
- 3. The role of public-private partnerships
- F. Concluding remarks
- References
- 5 Energy in WTO law and policy
- A. Introduction
- B. The current status of energy in WTO law (oil, gas, coal and electricity)
- I. Oil, gas and coal
- II. Electricity
- III. WTO and other instruments of international energy law
- 1. Organisation for Economic Co-operation and Development (OECD)/International Energy Agency (IEA)
- 2. Energy Charter Treaty
- 3. Organization of the Petroleum Exporting Countries
- 4. Multilateral environmental agreements
- 5. Regional level: European Union (EU) and North American Free Trade Agreement (NAFTA)
- IV. Role of government procurement
- V. Unresolved and controversial issues
- C. Agenda for reform
- I. Towards a WTO Framework Agreement on Energy
- II. The basic classification of energy and energy services
- 1. Trade in energy services
- 2. Reform of classification of energy services
- III. Energy and the rules on subsidies
- 1. Renewable energy and the WTO law of subsidies
- 2. Emissions trading and subsidies: the experience of the European Union
- IV. Energy production controls and export restrictions (OPEC)
- 1. Production controls versus export restrictions
- 2. Restrictions made effective through state-trading operations
- 3. Available exceptions
- 4. Lack of competition rules in WTO
- 5. Conclusion
- V. Energy and government procurement as a climate change mitigation policy tool
- 1. Green public procurement (GPP) in the context of the Kyoto Protocol to the UNFCCC and the WTO Agreement on Government Procurement (GPA): the need for regulatory coherence
- 2. GPP and the trade concerns
- 3. GPP and the environmental exceptions
- D. Overall conclusions
- Bibliography.
- 6 Developing trade rules for services: a case of fragmented coherence?.