In this Book
- The Role of the Judge in International Trade Regulation: Experience and Lessons for the WTO
- Book
- 2009
- Published by: University of Michigan Press
- Series: Studies in International Economics
summary
The WTO is generally seen as a key actor of globalization and, as such, has been the point of convergence of popular irritation worldwide. Many of the reproaches addressed to the WTO show civil societys concern with what is perceived as a democratic deficit in the way the organization operates. The main fear is to see trade rise as the ultimate value, prevailing over concerns such as health and environment. The Role of the Judge offers insight into how disputes are solved at the WTO level, into how the judicial branch interacts with the rest of the organization, and into the degree of sensitivity of the system to external input. The book sheds light on the judicial system governing the WTO and shows it to be the only truly multilateral system where disputes are solved by third-party adjudication.
The book develops along three lines: the first a search for cases submitted to the WTO where the judge exceeded its authority; the second a comparison of the WTO with the operations of national judicial systems having different levels of integration, specifically the United States (federal level) and the EC (quasi-federal level); and the third an exploration of directions for the future of dispute settlement in the WTO.
Reflecting the diversity of its contributors, this book addresses questions of economics, political science, and law, bringing an unusual level of multidisciplinarity to this topic and context. It is designed for both academic readers and practitioners, who will find it full of practical insights as well as rich and detailed analysis.
Thomas Cottier is Professor of European and International Economic Law, University of Bern, and Managing Director, World Trade Institute, University of Bern.
Petros C. Mavroidis is Professor of Law, University of Neuchâtel. He formerly worked in the Legal Affairs Division of the World Trade Organization.
Patrick Blatter is Mavroidiss scientific collaborator.
The book develops along three lines: the first a search for cases submitted to the WTO where the judge exceeded its authority; the second a comparison of the WTO with the operations of national judicial systems having different levels of integration, specifically the United States (federal level) and the EC (quasi-federal level); and the third an exploration of directions for the future of dispute settlement in the WTO.
Reflecting the diversity of its contributors, this book addresses questions of economics, political science, and law, bringing an unusual level of multidisciplinarity to this topic and context. It is designed for both academic readers and practitioners, who will find it full of practical insights as well as rich and detailed analysis.
Thomas Cottier is Professor of European and International Economic Law, University of Bern, and Managing Director, World Trade Institute, University of Bern.
Petros C. Mavroidis is Professor of Law, University of Neuchâtel. He formerly worked in the Legal Affairs Division of the World Trade Organization.
Patrick Blatter is Mavroidiss scientific collaborator.
Table of Contents
Download Full Book
- Abbreviations and Acronyms
- pp. ix-x
- Authors and Conference Participants
- pp. xi-xii
- Part I: Does the WTO Judge Trespass His Mandate?
- Part II: Relevant Experience in the U.S. and the EC
- 5. A U.S. Perspective on Ducks
- pp. 119-132
- 8. The EC Response
- pp. 151-167
- Part III: The Review of Health Standards in the WTO
- 11. Some Issues of the SPS Agreement
- pp. 193-212
- 12. Comment on the “WTO Response”
- pp. 213-217
- 15. Commentary on Natalie McNelis’ Paper
- pp. 247-249
- 16. Commentary on Natalie McNelis’ Paper
- pp. 251-254
- Part IV: Where Do We Go from Here?
- 20. Concluding Remarks
- pp. 349-357
- Appendix The Moot Case
- pp. 359-362
Additional Information
ISBN
9780472024995
Related ISBN(s)
9780472113194
MARC Record
OCLC
587834958
Pages
376
Launched on MUSE
2012-01-01
Language
English
Open Access
No