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Traditional theories suggest that developing countries lack influence in the trade regime. In this text, Jane Ford uses a social theory or constructivist approach to show that developing countries played a critical role in strengthening multilateralism in the World Trade Organization.
The History and Future of the World Trade Organization is a comprehensive account of the economic, political and legal issues surrounding the creation of the WTO and its evolution. Fully illustrated with colour and black-and-white photos dating back to the early days of trade negotiations, the publication reviews the WTO's achievements as well as the challenges faced by the organisation, and identifies the key questions that WTO members need to address in the future. The book describes the intellectual roots of the trading system, membership of the WTO and the growth of the Geneva trade community, trade negotiations and the development of coalitions among the membership, and the WTO's relations with other international organisations and civil society. Also covered are the organisation's robust dispute settlement rules, the launch and evolution of the Doha Round, the rise of regional trade agreements, and the leadership and management of the WTO.
This handbook provides a holistic understanding of what the World Trade Organization does, how it goes about fulfilling its tasks, its achievements and problems, and how it might contend with some critical challenges.
The world economic order has been upended by the rise of the BRIC nations and the attendant decline of the United States' international influence. In Breaking the WTO, Kristen Hopewell provides a groundbreaking analysis of how these power shifts have played out in one of the most important theaters of global governance: the World Trade Organization. Hopewell argues that the collapse of the Doha Round negotiations in 2008 signals a crisis in the American-led project of neoliberal globalization. Historically, the U.S. has pressured other countries to open their markets while maintaining its own protectionist policies. Over the course of the Doha negotiations, however, China, India, and Brazil challenged America's hypocrisy. They did so not because they rejected the multilateral trading system, but because they embraced neoliberal rhetoric and sought to lay claim to its benefits. By demanding that all members of the WTO live up to the principles of "free trade," these developing states caused the negotiations to collapse under their own contradictions. Breaking the WTO probes the tensions between the WTO's liberal principles and the underlying reality of power politics, exploring what the Doha conflict tells us about the current and coming balance of power in the global economy.
This book establishes a framework for analysis of the institutional and normative character of the WTO by locating the organization in a broader theory of international institutional law and in determining the basis for the conferral and exercise of powers in relation to its executive, legislative and adjudicative functions. The WTO is also read as an international regime in order to go beyond its formal legal and constitutional bases and to observe the Members' practice in the context of the former semi-institutionalised GATT treaty regime with which it retains strong links. WTO decision-making, which underpins and informs its institutional and normative acts, is analysed in order to better understand the dynamics of the organization. Normative developments in the WTO are reviewed from the perspective of the creation, maintenance and revision of legally binding and non-binding or 'soft' law norms, in the sense of principles, rules and standards contained in primary treaty rules, which set out the rights and obligations of the Members, and subsidiary rule-making activity by WTO bodies.
International legal scholarship is concerned with the fragmentation of international law into specialised legal systems such as trade, environment and human rights. Fragmentation raises questions about the inter-systemic interaction between the various specialised systems of international law. This study conceptually focuses on the interaction between World Trade Organisation (WTO) law and external international law. It introduces a legal theory of WTO law, constrained openness, as a way to understand that interaction. The idea is that WTO law, from its own internal point of view, constructs its own law. The effect is that external international law is not incorporated into WTO law wholesale, but is (re)constructed as WTO law. It follows that legal systems do not directly communicate with each other. Therefore, to influence WTO law, an indirect strategic approach is required, which recognises the functional nature of the differentiated systems of the fragmented international legal system.
Between Law and Diplomacy crafts an insider's look at international trade disputes at one of the most important institutions in the global economy—the World Trade Organization. The WTO regulates the global rules for trade, and—unique among international organizations—it provides a legalized process for litigation between countries over trade grievances. Drawing on interviews with trade lawyers, ambassadors, trade delegations, and trade jurists, this book details how trade has become increasingly legalized and the implications of that for power relations between rich and poor countries. Joseph Conti looks closely at who uses the system to initiate and pursue disputes, who settles and on what terms, and the relative disconnect between pursuing a dispute and what a country gains through efforts to gain compliance with WTO dictates. Through this inside look at the process of disputing, Conti provides fresh perspective on how and why the law authorizes the use of specific resources and tactics in the ever unfolding struggle for control in the global economy.
This is a comprehensive overview of the law and practice of the World Trade Organization. It begins with the institutional law of the WTO, moving eventually to the consequences of globalization. New chapters on Trade in Agriculture and on Government Procurement and Trade.
It is time to consider changes in the field of comparative-historical sociology, as the discipline seeks to accommodate old and new trends as well as the transforming spatial scales in which political power and social theory are increasingly embedded. This title showcases articles that pursue similar themes.
It is often argued that there is an inherent tension between international human rights law and the rules of free trade. This book explores the assumptions underlying this debate and argues that we need to reconsider them, focusing more on how expert knowledge and informal relationships shape trade law and its interaction with human rights.