Social Regulation in the WTO


Social Regulation in the WTO

Trade Policy and International Legal Development

9781848449596 Edward Elgar Publishing
Krista Nadakavukaren Schefer, Vice Director of the Legal Division, Swiss Institute of Comparative Law, Lausanne, Switzerland
Publication Date: May 2010 ISBN: 978 1 84844 959 6 Extent: 336 pp
This original and authoritative book analyzes how the WTO’s restrictions on the use of trade measures for social goals affects the development of the law of the international community.

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Critical Acclaim
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This original and authoritative book analyzes how the WTO’s restrictions on the use of trade measures for social goals affects the development of the law of the international community.

The author examines international law on the use of trade measures to promote non-trade values including human health, environmental protection, and cultural diversity in order to determine whether the WTO decisions in these areas promote the development of the international legal system in a way that benefits the individual. Including an analysis of the most important ‘trade-&’ cases handed down by the WTO’s Appellate Body, the book stimulates creative consideration of the extent to which the international trading system’s prohibition on the use of trade measures may stifle progress on legal norms that would foster an international community. Krista Nadakavukaren Schefer suggests using the law of equity to fully take into account both the trade and the social issues at stake in any particular case.

With its thorough analysis of WTO trade and decisions, this path-breaking book will be a stimulating read for scholars and students of international law, international economic law and international relations.
Critical Acclaim
‘Recourse to restrictions of international trade for the promotion of non-economic goals is at the heart of international trade regulation. This book offers a fresh, broad, but equally detailed analysis of such restrictions. It places WTO law in the broader framework of public international law and explores new ways and means as to how tensions and conflict in the pursuit of non-economic policy goals should be addressed. It is essential reading for all seeking answers beyond the existing framework of WTO law and policies.’
– Thomas Cottier, World Trade Institute, University of Bern, Switzerland and Institute of European and International Economic Law

‘This book presents a thoughtful and very readable analysis of “social trade regulation”, that is, the use of border measures for non-trade purposes. The study examines how such measures are regarded in international law and in the more specialized law of the World Trade Organization. After she concludes that such unilateral measures may often be illegal under trade law, Professor Schefer’s original contribution to the debate is to unpack that unlawful status into the categories of “law-disabling”, “law-supporting”, and “law-creating” trade regulation. Through a careful exposition of these concepts, the book shows ways in which social trade regulation can improve the progress of the international community.’
– Steve Charnovitz, The George Washington University, US
Contents: Preface Part I: Introduction 1. The Social Impacts of Trade 2. The Evolving Character of the International Legal System Part II: Trade Regulation in International Law 3. Unilateral Trade Regulation and the United Nations Charter Principles 4. Unilateral Trade Regulation, the Law of State Responsibility and the Law of Treaties Part III: Social Trade Regulations in WTO Law 5. WTO Obligations Affected by Members’ Use of Social Trade Regulations 6. Legal Remedies for Violations of WTO Law 7. Social Trade Regulations in the WTO Dispute Settlement System: Looking at the Evidence Part IV: Analysis 8. How Can a WTO Member Pursue a Social Goal with Trade Regulations? 9. Is There a Modality to Decide when Trade Measures can be Used to Pursue Social Goals? Index
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