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Americo Beviglia Zampetti s Fairness in the World Economy provides an important lens into understanding fairness debates in contemporary trade discourse. . . an important contribution to the trade literature. . . the historical excavation that Fairness in the World Economy provides is of great value. Students and scholars alike will find Zampetti s clear and concise history of US trade policy from the founding to the present to be extremely useful. More importantly, at a time when there is widespread argument that too few share in [globalization s] benefits [and] too many have no voice in its design and no influence on its course, Fairness in the World Economy invites its readers to consider the adequacy of the level playing field notion of fairness and to grapple with the politically contentious question of how trade can help create a more just international economic order. Jeffrey L. Dunoff, The American Journal of International Law This is an unusually timely and insightful work, addressing the crucial issue of the justice of globalization. The author avoids the polemics and abstractions with which this question is usually treated; his economic literacy as well as hands-on policy experience in international and transnational institutions, make this a uniquely practical, balanced and nuanced account, bringing much clarity to a heated debate, which usually divides the different disciplines and specialities rather than inciting their engagement. Robert L. Howse, University of Michigan, Ann Arbor, US This volume describes the birth (with all the birth defects) of the notion of fairness in the US. The extent of the author's research is quite breathtaking: not only does he delve into an infinite series of official and semi-official documents, but he also looks at case law, opinions expressed in the literature etc., to come up with an expression of (US) fairness that does not suffer from selection bias. But this is only half what the author has accomplished through his work. He goes on to examine how US fairness has been exported to international institutions (such as the GATT/WTO regime) and demonstrates how, once discussed and shaped among all trading partners, it has come back to the US in a different form. The book thus provides both the inside out and the outside in perspective. It will prove invaluable for the political scientist, the economic historian and the lawyer alike. Petros C. Mavroidis, Edwin B. Parker Professor of Law, Columbia Law School, US and University of Neuchatel, Switzerland & CEPR This book represents a significant scholarly contribution to the field of international political economy, with particular respect to the evolution of the multilateral trading system. The author engages effectively with the current debate concerning the conflict between the legalistic foundations of the multilateral trading system underpinned by the equality of nation states and the demands for fair trade on the basis of inter-personal equity. It is a coherent and well-researched book on a critically important issue that has not received the significant attention that it deserves within the field of international trade policy. Robert Read, Lancaster University Management School, UK In an international context, fairness is particularly important, since only a system which is perceived by its participants as fair can command acceptance and compliance. The main focus of this study is to investigate the development of the notion of fairness in US trade policy and law as well as the impact this notion has on international trade discussions and rule-making, and especially on the formation of the multilateral trade regime. The contention of the author, Americo Beviglia Zampetti, is that fairness concerns, which have been present in the US trade policy debates and treaty practice since the Republic s inception, have contributed to shaping these debates and practice over the years, both at home and abroad. These concerns were
This book arises out of papers delivered at the World Congress of the International Society of Business, Economics and Ethics (ISBEE) held in Cape Town in 2008. There are two sections. First, a number of key papers provide an insight into global business, wealth creation and welfare issues with particular reference to the African continent - appropriate for a Congress that was based in South Africa and drew wide participation from African scholars. Second, it provides the output from a global research project on "Fairness in International Trade" which ran over the two years prior to the Congress. This project drew together the work of scholars in five regions across the globe and is the first time that such a global perspective has been attempted. This book is aimed at academics working in the area of international trade or development economics particularly those who have an interest in the ethical dimensions of trade. It will also be of interest to students of development economics and business ethics particularly at Masters and Doctoral level.
Does fairness matter in the hard bargaining and horse-trading that is associated with trade negotiations? This paper presents a positivist analysis of the particular concepts of fairness that developing countries have appealed to in their trade negotiations within the auspices of the GATT and WTO, how these notions have evolved, and the impact that they have had on negotiated outcomes. Treating the concept of fairness as my central dependent variable, I argue that the notion of fairness can only be understood in terms of the institutional context it is embedded in, which includes institutional structure as well as the participatory processes that underlie it. I advance three hypotheses on the relationship between institutional context: the fairness discourse, and the influence and manoeuvre that member countries can have in shaping that discourse. Focusing on the role of fairness in the negotiation positions of developing countries, I explain its substance and evolution through learning and adaptation by these countries within the very particular institutions of the GATT and the WTO, and the coalitions they form a part of and interact within.
Seminar paper from the year 2005 in the subject Politics - Topic: International Organisations, grade: 1.7, University of Tubingen (Institut fuer Politikwissenschaft), course: International Relations (Seminar), language: English, abstract: This essay’s general interest is in whether international trade institutions comply with a sense of justice. Concretely speaking, it is to be analysed whether the outcome of a specific international trade negotiation, namely the Uruguay Round, which lasted from 1983 to 1994, is to be judged as “just” or “unjust”. Fulfilling this task, this essay at first displays a concept to define the very abstract term of justice. The regarded definition will be mainly according to Cecilia Albin. The second part of this essay provides a summary of main features of the Uruguay Round’s final act, the Agreement on Agriculture (AoA) and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Although other sections of the agreement are highly interesting, too, these two fields prove to be extraordinarily useful for this paper’s purpose. Nevertheless it is the my intention to point on other issues of interest for instance labour standards or the further development since 1994 in this essay where it seems helpful and possible. The chapter summarizing the Uruguay Round’s outcome is mainly based on World Trade Organisation (WTO) sources, to insure that no subliminal judgement is included or at least none already supporting the view of the later discussed criticism. The third section analyses the Uruguay Round’s outcome concerning agriculture and intellectual property. The criticism is derived from economic authors like Dasgupta and Sander/Inotai and development orientated NGOs like OXFAM as well. In most cases the analysis is critical of the agreement, at the same time avoiding the word “justice”. This gap shall be filled by the author’s assessment of the criticism, judging it, and linking it explicitly to the question of justice. At the end of the essay I want to draw a conclusion about justice in the Uruguay Round agreement, also taking into consideration recent developments within the agreement of the WTO, and referring to the question raised at the beginning of this introduction about ethics and morality in IR.
This book examines representational fairness in WTO rule making. The context of examination is the pharmaceutical-related provisions of the TRIPS (Trade-Related Aspects of Intellectual Property Rights) Agreement and the interests of developing countries and pharmaceutical multinational enterprises therein. The book analyzes the negotiation and implementation periods of the specified TRIPS provisions and the legal disputes that arose, covering the period from the mid-1980s, until the adoption of the Doha Declaration on the TRIPS Agreement and Public Health in November 2001. An imbalance reflected in the negotiated text in favor of pharmaceutical MNEs' interests during the negotiation process is characterized as 'top-down' rule making. Reacting to this, developing countries exerted pressure from the 'bottom-up' hindering the implementation of these TRIPS provisions. This retorting action, while instilling a degree of balance, congests the TRIPS regime and the larger WTO system with additional dispute proceedings leading to strains in North-South relations. The volume concludes with selective suggestions focusing on the rule making process of the WTO and proposes measures to reduce the likelihood of a deficiency in representational fairness occurring in future negotiations.
Winner of the Nobel Prize in Economics and author of the New York Times bestselling book Globalization and Its Discontents, Joseph E. Stiglitz here joins with fellow economist Andrew Charlton to offer a challenging and controversial argument about how globalization can actually help Third World countries to develop and prosper. In Fair Trade For All, Stiglitz and Charlton address one of the key issues facing world leaders today--how can the poorer countries of the world be helped to help themselves through freer, fairer trade? To answer this question, the authors put forward a radical and realistic new model for managing trading relationships between the richest and the poorest countries. Their approach is designed to open up markets in the interests of all nations and not just the most powerful economies, to ensure that trade promotes development, and to minimize the costs of adjustments. The book illuminates the reforms and principles upon which a successful settlement must be based. Vividly written, highly topical, and packed with insightful analyses, Fair Trade For All offers a radical new solution to the problems of world trade. It is a must read for anyone interested in globalization and development in the Third World.
The publication contains an explanation of Most Favored Nation (MFN) treatment and some of the key issues that arise in its negotiation, particularly the scope and application of MFN treatment to the liberalization and protection of foreign investors in recent treaty practice. The paper provides policy options as regards the traditional application of MFN treatment and identifies reactions by States to the unexpected broad use of MFN treatment, and provides several drafting options, such as specifying or narrowing down the scope of application of MFN treatment to certain types of activities, clarifying the nature of "treatment" under the IIA, clarifying the comparison that an arbitral tribunal needs to undertake as well as a qualification of the comparison "in like circumstances" or excluding its use in investor-State cases.
The growing body of WTO jurisprudence is of profound significance for the development of the general body of international law. With this in mind, Environmental Sovereignty and the WTO succinctly examines how the WTO law can contribute to achieving coherence between general international law, international environmental law and international trade law and avoid conflicts between trade liberalization and global environmental protection. Professor Condon argues that these three branches of law are generally consistent with each other in the area of international law where they intersect. However, WTO jurisprudence can benefit from a more explicit analysis, provided here, of the way that panel decisions fit into the general framework of international law. No law reforms are currently needed to facilitate this task. As the text shows, it is a matter of using the current WTO rules to resolve conflicts between treaties such as the General Agreement on Tariffs and Trade (GATT) and multilateral environmental agreements (MEAs) and to determine the circumstances in which unilateral trade measures should be permitted. The topics addressed in Environmental Sovereignty and the WTO will be of considerable interest to a broad audience given the global political controversy over American unilateralism, the fairness of WTO rules to poor countries, and the effect of trade rules on efforts to protect the global environment. However, the book addresses these controversial issues without sacrificing academic rigour and will appeal to a scholarly and professional audience seeking new approaches to addressing the problems raised by the globalization of law. Published under the Transnational Publishers imprint.
Is Free Trade desirable? Does it primarily benefit the wealthy? And what are its impacts on individual autonomy and human dignity? These are some of the fundamental questions that acclaimed trade law expert, Michael Trebilcock, sets out to answer in this pithy and insightful journey through the past, present and future of international trade agreements and trade policy.