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Contents
- Preliminary Material
- Foreword
- Acknowledgements
- Contents
- List of Contributors
- List of Abbreviations
- List of Cited GATT Panel and Working Party Reports and their Common Abbreviations
- List of Cited WTO Panel and Appellate Body Reports, Other Initiated WTO Disputes, and their Common Abbreviations
- Table of Cases
- Main Text
- Ch.1 Introduction
- Part I The Economic and Institutional Context of the World Trading System
- Ch.2 The Evolution of the World Trading System — the Economic and Policy Context
- Ch.3 The Evolution of the World Trading System — the Legal and Institutional Context
- I Introduction and Overview
- II GATT and Its History, Including Its ‘Birth Defects’
- III GATT Fills the Vacuum: 47 Years of Provisional Application
- IV The Uruguay Round and the Birth of the WTO
- V WTO Legal and Institutional Structure
- VI The Trial and Error Pragmatic History of the GATT Dispute Settlement System and the Uruguay Round Makeover
- VII Perceptions, Implications, and Conclusions
- Selected Bibliography
- Ch.4 The Place of the WTO in the International System
- Part II Substantive Law
- Ch.5 WTO Institutional Aspects
- I Introduction
- II The WTO as an International Organization ‘Lite’
- III Overview of the Structure of the WTO
- IV Questions Raised by the Overview of the WTO Institutional Structure
- V Powers and Practice of Different WTO organs
- A Methods of Decision-Making
- B The General and Specific Powers of the MC, Also When Exercised by the GC
- C The General and Specific Powers of the GC and Its Emanations
- D The Powers and Practice of the GATS Council and Its Subordinate Bodies
- E The Powers and Practice of the TRIPS Council
- F The Powers and Practice of the CTG and Its Subsidiary Bodies
- G The Question of Attributed Powers v. Implied Powers: Examples in the Field of Trade in Goods
- H Concluding Remarks about the Plenary Organs, Their Inter-relationship, and Decision-making
- VI The Absence of Non-Plenary Organs
- VII The DG and the Secretariat
- VIII Some Institutional Aspects of WTO Dispute Settlement
- IX Conclusion
- Selected Bibliography
- Ch.6 Gatt
- Ch.7 Gats
- Ch.8 Trips
- Ch.9 Responding To National Concerns
- I Introduction
- II Comparing the Disciplines of the SPS Agreement, the TBT Agreement, and the GATT 1994
- A Non-Discrimination: National Treatment and Most-Favoured-Nation
- B Necessity Tests
- C Appropriate Level/Scientific Basis
- D Harmonization, Conformity with International Standards
- E (Mutual) Recognition and Equivalence
- F Internal Consistency
- G Permission for Precautionary Action
- H Balancing
- I Product/Process Issues and the Territorial—Extraterritoriality Divide
- III Application of the Agreements
- IV Conclusion
- Selected Biblography
- Ch.10 Regional Trade Agreements
- Ch.5 WTO Institutional Aspects
- Part III Settlement of Disputes
- Ch.11 The Institutional Dimension
- Ch.12 Jurisdiction, Applicable Law, and Interpretation
- Ch.13 Procedural and Evidentiary Issues
- Ch.14 Standard of Review in WTO Law
- I Introduction
- II What Is Standard of Review?
- III The General Standard of Review in WTO Law
- IV The Standard of Review For The Different Tasks Performed By Panels
- A Legal Determinations
- B Factual Determinations
- 1 A Panel’s Review of Factual Determinations in General
- 2 Trade Remedy Agreements
- a Anti-Dumping Agreement
- b Safeguards Agreement and SCM Agreement
- c The Standard for Reviewing Factual Determinations under the Trade Remedy Agreements Must Respect the Division of Responsibilities between Investigating Authorities and Panels
- d The Standard of Review of Trade Remedy Measures Is Influenced by the Particular Obligation at Issue
- 3 TBT and SPS Agreements
- 5 The Standard of Review Applicable to Domestic Law
- V The Appellate Body’s Standard For Reviewing Decisions By Panels
- VI Conclusion
- Selected Bibliography
- Ch.15 Remedies and Compliance
- I Introduction
- II State Responsibility and Self-Contained Legal Systems
- III Binding or Non-Binding?
- IV The Basic Function of Dispute Settlement
- V ‘Bring Into Conformity’ — Prospective or Retrospective?
- VI Remedies in Case of Continued Non-Compliance
- VII Compliance and Municipal Law
- VIII Conclusions
- Selected Bibliography
- Ch.16 The Limits of Judicial Processes
- I Introduction
- II Judicial Processes versus Consultation, Mediation, and Conciliation: Compatible Alternatives?
- III WTO Dispute Settlement and Ambiguous Texts
- IV WTO Dispute Settlement in the Setting of Sovereign States
- V WTO Dispute Settlement and Judicial Overreaching
- VI Conclusion
- Selected Bibliography
- Part IV Trade and … The New Agenda and Linkage Issues
- Ch.17 Trade and Development
- I Introduction
- II Overview of GATT 1947 and WTO Law Addressing Developing Countries
- III Legal Evaluation of the Integration of Developing Countries in the WTO Legal Regime
- IV Conclusion
- Selected Bibliography
- Ch.18 Trade And Environment
- I Introduction
- II Relationships Between Free Trade and Environmental Protection
- III History of Trade and Environment Issues
- IV Factors in Assessing Environmental Measures
- A Is an Environmental Measure Specifically Directed at Trade?
- B What Is the Function of an Environmental Measure?
- C Is a Measure Multilateral or Unilateral?
- D Is an Environmental Measure Extraterritorial?
- E Is an Environmental Measure a Product Standard or a PPM Standard?
- F Does an Environmental Measure Have a Scientific Basis?
- V Ways of Addressing Trade and Environment Issues
- VI Conclusion
- Selected Bibliography
- Ch.19 Trade and Labour
- I Introduction
- II The WTO and Labour Considerations — The Multilateral Dimension
- A Interpretation of the WTO
- B Several Labour-Related Measures Possible in the WTO Single Undertaking
- C GATT 1994 and Labour Considerations
- 1 Non-Discrimination: Most-Favoured-Nation (Article 1) and National Treatment Principles (Article III)
- 2 Article II GATT 1994: Labour Conditions in Tariff (Goods) Schedules?
- 3 The Exceptions of the GATT 1994: Can Labour Considerations Justify Inconsistencies with Provisions of the GATT?
- 4 The WTO Dispute Settlement Cannot Be Used to Enforce Non-WTO Violations
- D TBT Agreement
- E Agreements on Trade Remedies
- F The GATS and Its Schedules
- G The Agreement on Government Procurement and Its Schedules
- H Trade Policy Review Mechanism (TPRM)
- III Regional Trade Agreements and Labour Considerations
- IV Can Labour Considerations Condition WTO-Consistent Preference Schemes?
- V Conclusions
- Selected Bibliography
- Ch.20 Trade and Human Rights
- I Introduction
- II Human Rights Impacts of Trade Policies on Other Countries
- III Costs of Trade Liberalization
- IV Trade Rules and the Regulatory Powers of the State to Pursue Human Rights Objectives
- V Institutional Responses to the Relationship between Trade and Human Rights
- VI Conclusion
- Selected Bibliography
- Ch.21 Trade and Health
- I The WTO and Health
- II The SPS Agreement
- III Health Measures and GATT 1994 Disciplines
- IV Justifying National Health Measures under Article XX GATT 1994
- V Conclusion
- Selected Bibliography
- Ch.22 Trade And Investment
- Ch.23 Trade And Competition Policy
- I Introduction — Philosophy Common to Competition Policy and the WTO
- II Provisions in the WTO Agreements Relating to Competition Policy
- III Transnational Business Activities and National Competition Laws
- IV The WTO Dispute Settlement System and Competition Policy
- V Competition Policy and International Cooperation in the WTO
- VI Conclusion
- Selected Bibliography
- Ch.17 Trade and Development
- Part V The Wider Framework
- Ch.24 WTO and Civil Society
- Ch.25 International Trade Law, United Nations Law, and Collective Security Issues
- I Introduction
- II Economic Sanctions and Security Exceptions: An Open Door?
- III UN Economic Interventionism: Reconciling WTO and UN Law
- IV WTO and the Arms Trade: The Case of Small Arms
- V Conclusions: The Need for a New Approach?
- Selected Bibliography
- Ch.26 Regulating Multinational Corporations and International Trade Law
- Conclusion
- Ch.27 Law, Culture, and Values in the WTO — Gazing into the Crystal Ball
- I Gazing into the Crystal Ball — Premise and Methodology
- II WTO — A Constitutional Future?
- III The Global v The Regional
- IV Aims and Deep Effects
- A Core Identity in Core Doctrine: Premise
- B The Legislative Matrix
- C Methodology One — The ‘Objective’ Approach
- D Methodology Two — Effect and Purpose (‘Aims and Effect’)
- E Methodology Three — Alternative Comparators
- F Beyond Hermeneutics
- G Effects and Aims — The Ontological Dimension
- H The Evolution of Identity and Its Future
- Ch.27 Law, Culture, and Values in the WTO — Gazing into the Crystal Ball
- Further Material
