Author: Michael Boehl
Publisher: GRIN Verlag
ISBN: 3668387966
Category : Political Science
Languages : en
Pages : 20
Book Description
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.
The Uruguay Round and the WTO. The Role of Justice in International Trade Negotiations
Author: Michael Boehl
Publisher: GRIN Verlag
ISBN: 3668387966
Category : Political Science
Languages : en
Pages : 20
Book Description
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.
Publisher: GRIN Verlag
ISBN: 3668387966
Category : Political Science
Languages : en
Pages : 20
Book Description
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.
The Making of the TRIPS Agreement
Author: Jayashree Watal
Publisher:
ISBN: 9789287042330
Category : Agreement on Trade-Related Aspects of Intellectual Property Rights
Languages : en
Pages : 0
Book Description
A comprehensive account of the establishment of the World Trade Organization, focusing on those who shaped its creation as well as those who have influenced its evolution. The book examines trade negotiations, the WTO's dispute settlement role, the presence of coalitions and groupings within the WTO, the process of joining the organization and many other topics, including what lies ahead for the organization.
Publisher:
ISBN: 9789287042330
Category : Agreement on Trade-Related Aspects of Intellectual Property Rights
Languages : en
Pages : 0
Book Description
A comprehensive account of the establishment of the World Trade Organization, focusing on those who shaped its creation as well as those who have influenced its evolution. The book examines trade negotiations, the WTO's dispute settlement role, the presence of coalitions and groupings within the WTO, the process of joining the organization and many other topics, including what lies ahead for the organization.
The History and Future of the World Trade Organization
Author: Craig VanGrasstek
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 704
Book Description
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.
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 704
Book Description
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.
Most-favoured-nation Treatment
Author: United Nations Conference on Trade and Development
Publisher:
ISBN:
Category : Political Science
Languages : en
Pages : 164
Book Description
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.
Publisher:
ISBN:
Category : Political Science
Languages : en
Pages : 164
Book Description
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 WTO at Twenty
Author: World Trade Organization
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 88
Book Description
This research explores how multilateralism in trade has worked over the past twenty years - and provides some lessons about how it can work in the future. It describes the WTO's achievements across a number of key areas, including: strengthening the institutional foundations of the trade system; widening its membership and increasing participation; deepening trade integration through lower barriers and stronger rules; improving transparency and policy dialogue; strengthening dispute settlement; expanding cooperation with other international organizations; and enhancing public outreach. It concludes that the WTO has achieved much over its first twenty years but the success of the WTO has inevitably given rise to new challenges.
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 88
Book Description
This research explores how multilateralism in trade has worked over the past twenty years - and provides some lessons about how it can work in the future. It describes the WTO's achievements across a number of key areas, including: strengthening the institutional foundations of the trade system; widening its membership and increasing participation; deepening trade integration through lower barriers and stronger rules; improving transparency and policy dialogue; strengthening dispute settlement; expanding cooperation with other international organizations; and enhancing public outreach. It concludes that the WTO has achieved much over its first twenty years but the success of the WTO has inevitably given rise to new challenges.
Global Governance by Judiciary
Author: Robert Howse
Publisher:
ISBN: 9781841133454
Category : Foreign trade regulation
Languages : en
Pages : 320
Book Description
One of the most striking innovations in international law of the last decade is the creation of a standing appellate court at the World Trade Organization, "the Appellate Body". While there are other international tribunals with appellate chambers, the WTO Appellate Body stands out for its creation of a rich and controversial body of jurisprudence, crafted through the dozens of rulings it has made since 1996. In areas such as trade and environment, and trade and health, the Appellate Body has stepped into some of the most heated trade conflicts of the post-Seattle world. This book examines the WTO Appellate Body as the first full blown international law experiment with "routine" appellate review. Issues covered include the choice of interpretative method by the Appellate Body, its internal operations (for example the role of collegiality and the staff in the Appellate Body Secretariat), the Appellate Body's understanding of its own jurisdiction and mandate, and the argument put by critics that the Appellate Body has been engaging in inappropriate "judicial activism", especially in sensitive areas such as the review of domestic trade remedy (dumping, subsidies and safeguards) cases. As the first book length analysis and assessment of the Appellate Body, this volume will be of interest to trade law specialists, but also to all those who are concerned with the relationship of law to politics in global governance, and with the role of the international judge.
Publisher:
ISBN: 9781841133454
Category : Foreign trade regulation
Languages : en
Pages : 320
Book Description
One of the most striking innovations in international law of the last decade is the creation of a standing appellate court at the World Trade Organization, "the Appellate Body". While there are other international tribunals with appellate chambers, the WTO Appellate Body stands out for its creation of a rich and controversial body of jurisprudence, crafted through the dozens of rulings it has made since 1996. In areas such as trade and environment, and trade and health, the Appellate Body has stepped into some of the most heated trade conflicts of the post-Seattle world. This book examines the WTO Appellate Body as the first full blown international law experiment with "routine" appellate review. Issues covered include the choice of interpretative method by the Appellate Body, its internal operations (for example the role of collegiality and the staff in the Appellate Body Secretariat), the Appellate Body's understanding of its own jurisdiction and mandate, and the argument put by critics that the Appellate Body has been engaging in inappropriate "judicial activism", especially in sensitive areas such as the review of domestic trade remedy (dumping, subsidies and safeguards) cases. As the first book length analysis and assessment of the Appellate Body, this volume will be of interest to trade law specialists, but also to all those who are concerned with the relationship of law to politics in global governance, and with the role of the international judge.
A History of Law and Lawyers in the GATT/WTO
Author: Gabrielle Marceau
Publisher: Cambridge University Press
ISBN: 1316299996
Category : Law
Languages : en
Pages : 689
Book Description
How did a treaty that emerged in the aftermath of the Second World War, and barely survived its early years, evolve into one of the most influential organisations in international law? This unique book brings together original contributions from an unprecedented number of eminent current and former GATT and WTO staff members, including many current and former Appellate Body members, to trace the history of law and lawyers in the GATT/WTO and explore how the nature of legal work has evolved over the institution's sixty-year history. In doing so, it paints a fascinating portrait of the development of the rule of law in the multilateral trading system, and allows some of the most important personalities in GATT and WTO history to share their stories and reflect on the WTO's remarkable journey from a 'provisionally applied treaty' to an international organisation defined by its commitment to the rule of law.
Publisher: Cambridge University Press
ISBN: 1316299996
Category : Law
Languages : en
Pages : 689
Book Description
How did a treaty that emerged in the aftermath of the Second World War, and barely survived its early years, evolve into one of the most influential organisations in international law? This unique book brings together original contributions from an unprecedented number of eminent current and former GATT and WTO staff members, including many current and former Appellate Body members, to trace the history of law and lawyers in the GATT/WTO and explore how the nature of legal work has evolved over the institution's sixty-year history. In doing so, it paints a fascinating portrait of the development of the rule of law in the multilateral trading system, and allows some of the most important personalities in GATT and WTO history to share their stories and reflect on the WTO's remarkable journey from a 'provisionally applied treaty' to an international organisation defined by its commitment to the rule of law.
Redesigning the World Trade Organization for the Twenty-first Century
Author: Debra P. Steger
Publisher: Wilfrid Laurier Univ. Press
ISBN: 1554581745
Category : Political Science
Languages : en
Pages : 498
Book Description
Two high-level commissions—the Sutherland report in 2004, and the Warwick Commission report in 2007—addressed the future of the World Trade Organization and made proposals for incremental reform. This book goes further; it explains why institutional reform of the WTO is needed at this critical juncture in world history and provides innovative, practical proposals for modernizing the WTO to enable it to respond to the challenges of the twenty-first century. Contributors focus on five critical areas: transparency, decision- and rule-making procedures, internal management structures, participation by non-governmental organizations and civil society, and relationships with regional trade agreements. Co-published with the International Development Research Centre and the Centre for International Governance Innovation
Publisher: Wilfrid Laurier Univ. Press
ISBN: 1554581745
Category : Political Science
Languages : en
Pages : 498
Book Description
Two high-level commissions—the Sutherland report in 2004, and the Warwick Commission report in 2007—addressed the future of the World Trade Organization and made proposals for incremental reform. This book goes further; it explains why institutional reform of the WTO is needed at this critical juncture in world history and provides innovative, practical proposals for modernizing the WTO to enable it to respond to the challenges of the twenty-first century. Contributors focus on five critical areas: transparency, decision- and rule-making procedures, internal management structures, participation by non-governmental organizations and civil society, and relationships with regional trade agreements. Co-published with the International Development Research Centre and the Centre for International Governance Innovation
Trade in Goods
Author: Petros C. Mavroidis
Publisher: Oxford University Press
ISBN: 0191636592
Category : Law
Languages : en
Pages : 942
Book Description
This new edition of Trade in Goods is an authoritative work on international trade by one of the most influential scholars in the field. It provides a comprehensive and detailed analysis of every WTO agreement dealing with trade in goods. The focus of the book is on the reasoning behind the various WTO agreements and their provisions, and the manner in which they have been understood in practice. It introduces both the historic as well as the economic rationale for the emergence of the multilateral trading system, before dealing with WTO practice in all areas involving trade in goods. It contests the claim that the international trade agreements themselves represent 'incomplete contracts', realized through interpretation by the WTO and other judicial bodies. The book comprehensively analyses the WTO's case law, and it argues that a more rigorous theoretical approach is needed to ensure a greater coherence in the interpretation of the core provisions regulating trade in goods. This second edition readdresses and moves beyond the discussion of the GATT presented in the first edition to assess in significant detail every trade in goods agreement at the WTO, both multilateral as well as plurilateral. The book is written to be accessible to those new to the field, with an authoritative level of detail and analysis that makes it essential reading for lawyers and economists alike.
Publisher: Oxford University Press
ISBN: 0191636592
Category : Law
Languages : en
Pages : 942
Book Description
This new edition of Trade in Goods is an authoritative work on international trade by one of the most influential scholars in the field. It provides a comprehensive and detailed analysis of every WTO agreement dealing with trade in goods. The focus of the book is on the reasoning behind the various WTO agreements and their provisions, and the manner in which they have been understood in practice. It introduces both the historic as well as the economic rationale for the emergence of the multilateral trading system, before dealing with WTO practice in all areas involving trade in goods. It contests the claim that the international trade agreements themselves represent 'incomplete contracts', realized through interpretation by the WTO and other judicial bodies. The book comprehensively analyses the WTO's case law, and it argues that a more rigorous theoretical approach is needed to ensure a greater coherence in the interpretation of the core provisions regulating trade in goods. This second edition readdresses and moves beyond the discussion of the GATT presented in the first edition to assess in significant detail every trade in goods agreement at the WTO, both multilateral as well as plurilateral. The book is written to be accessible to those new to the field, with an authoritative level of detail and analysis that makes it essential reading for lawyers and economists alike.
World Trade Law After Neoliberalism
Author: Andrew Lang
Publisher: Oxford University Press
ISBN: 0199592640
Category : Business & Economics
Languages : en
Pages : 416
Book Description
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.
Publisher: Oxford University Press
ISBN: 0199592640
Category : Business & Economics
Languages : en
Pages : 416
Book Description
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.