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The WTO and International Trade Law / Dispute Settlement

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The WTO and International Trade Law / Dispute Settlement

9781843763437 Edward Elgar Publishing
Edited by Petros C. Mavroidis, Edwin B. Parker Professor of Foreign and Comparative Law, Columbia Law School and Alan O. Sykes, Stanford Law School, Stanford University, US
Publication Date: 2005 ISBN: 978 1 84376 343 7 Extent: 712 pp
The system of dispute resolution within the WTO and its evolution over time have attracted the attention of numerous scholars. This volume brings together a selection of papers by prominent scholars working in a range of disciplines.

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Critical Acclaim
Contributors
Contents
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The system of dispute resolution within the WTO and its evolution over time have attracted the attention of numerous scholars. This volume brings together a selection of papers by prominent scholars working in a range of disciplines.

The collection is divided into six parts. The first addresses broad questions about the scope and function of the dispute resolution system. Part II considers the relationship between the dispute system and national authorities, while part III focuses more narrowly on the remedies for breach of legal obligations in the WTO system. Part IV examines litigation and settlement questions. Part V considers the pre-WTO environment and the role of unilateralism in the enforcement of commitments under GATT. The final section looks at broader systemic issues.

This insightful volume will be an essential source of reference for students and practitioners alike.
Critical Acclaim
‘. . . a very useful guide in the study of the WTO dispute settlement system for novices and the cognoscenti alike.’
– Sungjoon Cho, www.globallawbooks.org

‘An effective WTO, promoting trade liberalization and policing the system, has to be at the heart of a well-functioning multilateral trading system – which is, in turn, vital for global economic growth and the reduction of poverty. This volume brings together an important collection of papers which address issues of central concern for [continuing] global economic prosperity.’
– Anne O. Krueger, International Monetary Fund, US
Contributors
25 articles, dating from 1992 to 2003
Contributors include: K. Bagwell, J. Bhagwati, W.J. Davey, G. Grossman, H. Horn, J.H. Jackson, D. Palmeter, E.-U. Petersmann, J. Trachtman, M. Trebilcock
Contents
Contents:
Acknowledgements
Introduction
PART I THE FUNCTION OF THE DISPUTE SETTLEMENT SYSTEM
1. Kyle Bagwell and Robert W. Staiger (2002), ‘Enforcement’
2. Monika Bütler and Heinz Hauser (2000), ‘The WTO Dispute Settlement System: A First Assessment from an Economic Perspective’
3. Warren F. Schwartz and Alan O. Sykes (2002), ‘The Economic Structure of Renegotiation and Dispute Resolution in the World Trade Organization’
4. Joel P. Trachtman (1999), ‘The Domain of WTO Dispute Resolution’
PART II THE STANDARD OF REVIEW
5. Steven P. Croley and John H. Jackson (1996), ‘WTO Dispute Procedures, Standard of Review, and Deference to National Governments’
6. William J. Davey (2001), ‘Has the WTO Dispute Settlement System Exceeded Its Authority? A Consideration of Deference Shown by the System to Member Government Decisions and its Use of Issue-Avoidance Techniques’
7. Alan O. Sykes (2002), ‘Domestic Regulation, Sovereignty, and Scientific Evidence Requirements: A Pessimistic View’
8. Michael Trebilcock and Julie Soloway (2002), ‘International Trade Policy and Domestic Food Safety Regulation: The Case for Substantial Deference by the WTO Dispute Settlement Body under the SPS Agreement’
PART III REMEDIES IN THE WTO LEGAL SYSTEM
9. Kym Anderson (2002), ‘Peculiarities of Retaliation in WTO Dispute Settlement’
10. Steve Charnovitz (2001), ‘Rethinking WTO Trade Sanctions’
11. Susan Esserman and Robert Howse (2003), ‘The WTO on Trial’
12. Wilfred J. Ethier (2002), ‘Unilateralism in a Multilateral World’
13. Gary N. Horlick (2002), ‘Problems with the Compliance Structure of the WTO Dispute Resolution Process’
14. Robert E. Hudec (2002), ‘The Adequacy of WTO Dispute Settlement Remedies: A Developing Countries Perspective’
15. Giovanni Maggi (1999), ‘The Role of Multilateral Institutions in International Trade Cooperation’
16. Petros C. Mavroidis (2000), ‘Remedies in the WTO Legal System: Between a Rock and a Hard Place’
17. Joost Pauwelyn (2000), ‘Enforcement and Countermeasures in the WTO: Rules are Rules – Toward a More Collective Approach’
PART IV PARTICIPATION IN THE WTO DISPUTE SETTLEMENT SYSTEM
18. Marc L. Busch and Eric Reinhardt (2001), ‘Bargaining in the Shadow of the Law: Early Settlement in GATT/WTO Disputes’
19. Henrik Horn, Petros C. Mavroidis and Håkan Nordström (1999), ‘Is the Use of the WTO Dispute Settlement System Biased?’
PART V UNILATERAL ENFORCEMENT OF WTO LAW
20. Jagdish Bhagwati (1990), ‘Aggressive Unilateralism: An Overview’
21. Helen Milner (1990), ‘The Political Economy of U.S. Trade Policy: A Study of the Super 301 Provision’
22. Alan O. Sykes (1992), ‘Constructive Unilateral Threats in International Commercial Relations: The Limited Case for Section 301’
PART VI GOVERNANCE
23. Marco C.E.J. Bronckers (1999), ‘Better Rules for a New Millennium: A Warning Against Undemocratic Developments in the WTO’
24. Ernst-Ulrich Petersmann (2002), ‘Constitutionalism and WTO Law: From a State-Centred Approach Towards a Human Rights Approach in International Economic Law’
25. J.H.H. Weiler (2001), ‘The Rule of Lawyers and the Ethos of Diplomats: Reflections on the Internal and External Legitimacy of WTO Dispute Settlement’
Name Index
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