The Oxford Handbook of International Trade Law

Overview


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' ...
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The Oxford Handbook of International Trade Law

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Overview


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 globalization.

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 modify 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.

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Product Details

  • ISBN-13: 9780199231928
  • Publisher: Oxford University Press, USA
  • Publication date: 3/15/2009
  • Series: Oxford Handbooks Series
  • Pages: 800
  • Product dimensions: 7.10 (w) x 9.80 (h) x 2.10 (d)

Meet the Author

Daniel Bethlehem is Legal Adviser to the United Kingdom Foreign and Commonwealth Office. Prior to taking up this position, he was Lecturer at the Faculty of Law, University of Cambridge and Queens Counsel practising at 20 Essex Street Chambers in London.

Donald McRae is the Hyman Soloway Professor of Business and Trade Law at the University of Ottawa. He has been counsel in WTO disputes and has sat on dispute settlement panels under the Canada-US Free Trade, Agreement, NAFTA, the WTO and ICSID. He is a member of the International Law Commission.

Rodney Neufeld is a Legal Officer at the Foreign Affairs and International Trade Canada, Oceans Law Section. He also teaches international law, including international economic law, at the Universities of Ottawa and Carleton, and is an Executive Committee Member of the Canadian Council on International Law.

Dr. Isabelle Van Damme is a Fellow and College Lecturer at Clare College and Affiliated University Lecturer at the University of Cambridge Faculty of Law. She is also a Fellow at the Lauterpacht Centre of International Law in Cambridge. She has published and lectured on WTO law, EU law, the law of treaties, the fragmentation of international law, and international institutional law.

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Table of Contents

Foreword James R. Crawford Crawford, James R.

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

1 Introduction Daniel Bethlehem Bethlehem, Daniel Donald McRae McRae, Donald Rodney Neufeld Neufeld, Rodney Isabelle Van Damme Van Damme, Isabelle 1

Pt. I The Economic and Institutional Context of the World Trading System

2 The Evolution of the World Trading System - The Economic and Policy Context Gilbert R. Winham Winham, Gilbert R. 5

3 The Evolution of the World Trading System - The Legal and Institutional Context John H. Jackson Jackson, John H. 30

4 The Place of the WTO in the International System Donald McRae McRae, Donald 54

Pt. II Substantive Law

5 WTO Institutional Aspects Pieter Jan Kuijper Kuijper, Pieter Jan 79

6 GATT Federico Ortino Ortino, Federico 129

7 GATS Andrew T. F. Lang Lang, Andrew T. F. 157

8 TRIPS Andrew D. Mitchell Mitchell, Andrew D. Tania Voon Voon, Tania 186

9 Responding to National Concerns Gabrielle Marceau Marceau, Gabrielle Joel P. Trachtman Trachtman, Joel P. 209

10 Regional Trade Agreements David A. Gantz Gantz, David A. 237

Pt. III Settlement of Disputes

11 The Institutional Dimension Valerie Hughes Hughes, Valerie 269

12 Jurisdiction, Applicable Law, and Interpretation Isabelle Van Damme Van Damme, Isabelle 298

13 Procedural and Evidentiary Issues Alan Yanovich Yanovich, Alan Werner Zdouc Zdouc, Werner 344

14 Standard of Review in WTO Law Jan Bohanes Bohanes, Jan Nicolas Lockhart Lockhart, Nicolas 378

15 Remedies and Compliance PietEeckhout Eeckhout, Piet 437

16 The Limits of Judicial Processes William J. Davey Davey, William J. 460

Pt. IV Trade and ... the New Agenda and Linkage Issues

17 Trade and Development Hunter Nottage Nottage, Hunter 481

18 Trade and Environment Daniel Bodansky Bodansky, Daniel Jessica C. Lawrence Lawrence, Jessica C. 505

19 Trade and Labour Gabrielle Marceau Marceau, Gabrielle 539

20 Trade and Human Rights Lorand Bartels Bartels, Lorand 571

21 Trade and Health Jeffery Atik Atik, Jeffery 597

22 Trade and Investment Rodney Neufeld Neufeld, Rodney 619

23 Trade and Competition Policy Mitsuo Matsushita Matsushita, Mitsuo 646

Pt. V The Wider Framework

24 WTO and Civil Society Marcos A. Orellana Orellana, Marcos A. 671

25 International Trade Law, United Nations Law, and Collective Security Issues Laurence Boisson de Chazournes de Chazournes, Laurence Boisson Theo Boutruche Boutruche, Theo 695

26 Regulating Multinational Corporations and International Trade Law Craig Forcese Forcese, Craig

Conclusion

27 Law, Culture, and Values in the WTO - Gazing into the Crystal Ball Joseph H. H. Weiler Weiler, Joseph H. H.

Index

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