By Daniel Bethlehem, Donald McRae, Rodney Neufeld, Isabelle Van Damme
Over the past 10 years, the content and application of international trade law has grown dramatically. The WTO created a binding dispute settlement process and in resolving disputes, the judicial organs of the WTO have built up a substantial amount of new international trade law.
Emerging from this new WTO process is an international trade law system that is in some respects self-contained and in other respects overlapping and linked to other international legal, economic and political regimes. The 'boundaries' of trade law are now generating enormous interest and controversy which, at a broader level, is subsumed within the debate over globalisation.
The detailed development of the rules of international trade is being examined with increasing frequency by scholars, government officials and trade law practitioners. But how does it fit with existing systems? How it is modified by them? How does the international trade law system affect and modifiy other regimes?
This Handbook places international trade law within its broader context, providing comment and critique on contemporary thinking on a range of questions both related specifically to the discipline of international trade law itself and to the outside face of international trade law and its intersection with States and other aspects of the international system. It examines the economic and institutional context of the world trading system, its substantive law (including regional trade regimes) and the settlement of disputes.
The final part of the book explores the wider framework of the world trading system, considering issues including the relationship of the WTO to civil society, the use of economic sanctions, state responsibility, and the regulation of multinational corporations.
Oxford Handbooks offer authoritative and up-to-date surveys of original research in a particular subject area. Specially commissioned essays from leading figures in the discipline give critical examinations of the progress and direction of debates. Oxford Handbooks provide scholars and graduate students with compelling new perspectives upon a wide range of subjects in the humanities and social sciences.
- The first single-volume systematic approach to this complex subject
- A comprehensive reference point on the broad context and future development of the world trading system
- Explores the relationships between the world trading system for other areas of international law
- Each chapter contains a select reading list to direct further research
INTRODUCTION 1. Introduction , Daniel Bethlehem Rodney Neufeld Donald McRae Isabelle Van Damme
Part I: THE ECONOMIC AND INSTITUTIONAL CONTEXT OF THE WORLD TRADING SYSTEM
2. The Evolution of the World Trading System - The Economic and Policy Context , Gil Winham
3. The Evolution of the World Trading System - The Legal and Institutional Context , John Jackson
4. The Place of the WTO in the International System , Donald McRae PART II: SUBSTANTIVE LAW
5. WTO Institutional Aspects , Pieter Jan Kuijper
6. GATT , Federico Ortino
7. GATS , Andrew Lang
8. TRIPS , Andrew Mitchell and Tania Voon
9. Responding to National Concerns , Gabrielle Marceau and Joel Trachtman
10. Regional Trade Agreements , David Gantz
PART III: SETTLEMENT OF DISPUTES
11. The Institutional Dimension , Valerie Hughes
12. Jurisdiction, Applicable Law, and Interpretation , Isabelle Van Damme
13. Procedural and Evidentiary Issues , Alan Yanovich and Werner Zdouc
14. Standard of Review in WTO law , Jan Bohanes and Nicolas Lockhart
15. Remedies and Compliance , Piet Eeckhout
16. The Limits of Judicial Processes , William Davey
PART IV: TRADE AND null THE NEW AGENDA AND LINKAGE ISSUES
17. Trade and Development , Hunter Nottage
18. Trade and Environment , Daniel Bodansky and Jessica Lawrence
19. Trade and Labour , Gabrielle Marceau
20. Trade and Human Rights , Lorand Bartels
21. Trade and Health , Jeffrey Atik
22. Trade and Investment , Rodney Neufeld
23. Trade and Competition Policy , Mitsuo Matsushita
PART V: THE WIDER FRAMEWORK
24. WTO and Civil Society , Marcos Orellana
25. International Trade Law, United Nations Law, and Collective Security Issues , Laurence Boisson de Chazournes and Théo Boutruche
26. Regulating Multinational Corporations and International Trade Law , Craig Forcese CONCLUSION
27. Law, Culture, and Values in the WTO- Gazing into the Crystal Ball , Joseph Weiler