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The Role of the Judge in International Trade Regulation: Experience and Lessons for the WTO
Thomas Cottier and Petros C. Mavroidis, Editors
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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.
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Cover
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Title
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Copyright
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The World Trade Forum
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Contents
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Abbreviations and Acronyms
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Authors and Conference Participants
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Preface
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The Role of the Judge in International Trade Regulation: An Overview
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Part I: Does the WTO Judge Trespass His Mandate?
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1 The Most Dangerous Branch? WTO Appellate Body Jurisprudence on the Nature and Limits of the Judicial Power
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2 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
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3 Limits of WTO Jurisprudence: Comments from an International Law and Human Rights Perspective
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Part II: Relevant Experience in the U.S. and the EC
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4 The Dormant Commerce Clause and the Hormones Problem 91 Donald H. Regan
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5 A U.S. Perspective on Ducks
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6 Deference—and Responsibility—by WTO “Judges”
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7 The Agency Model of Judging in Economic Integration: Balancing Responsibilities
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8 The EC Response
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9 To What Extent Is the Description of the U.S. Law Made by Professor D. H. Regan Applicable in the EC Context?
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Part III: The Review of Health Standards in the WTO
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10 Does the WTO Stand for “Deference to” or “Interference with” National Health Authorities When Applying the Agreement on Sanitary and Phytosanitary Measures (SPS Agreement)?
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11 Some Issues of the SPS Agreement
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12 Comment on the “WTO Response”
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13 Comment on Facial Non-Discrimination in the WTO
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14 The Role of the Judge in the EU and WTO: Lessons from the BSE and Hormones Cases
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15 Commentary on Natalie McNelis'Paper
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16 Commentary on Natalie McNelis' Paper
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17 National Health Regulations and the SPS Agreement: The WTO Case Law of the Early Years
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Part IV: Where Do We Go from Here?
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18 The Paradox of Judicial Review in International Trade Regulation: Towards a Comprehensive Framework
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19 Legitimacy through “Higher Law”? Why Constitutionalizing the WTO Is a Step Too Far
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20 Concluding Remarks
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Appendix
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The Moot Case
Citable Link
Published: 2003
Publisher: University of Michigan Press
- 978-0-472-11319-4 (hardcover)
- 978-0-472-02499-5 (ebook)