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International organizations and other global governance bodies
often make rules and decisions without input from many of the
individuals, groups, firms, and governments that are affected by
them. The standards of the Basel Committee on Banking Supervision,
for instance, developed by a small number of states, govern
financial markets and the safety of bank deposits in over a hundred
jurisdictions. Historically, the interests of developing countries,
as well as non-commercial and diffuse interests within countries,
have been excluded or disregarded in global governance. Scholars
and practitioners have criticised this democratic deficit and
called for greater participation of such marginalized stakeholders.
Against this background, international institutions have introduced
a variety of reforms with the goal of increasing and facilitating
the participation of these excluded stakeholders. This book brings
together an expert group of scholars and practitioners to
investigate the consequences of stakeholder participation reforms
in the global governance of health and finance: What reforms have
been introduced? Have these reforms given previously marginalized
stakeholders a voice in global governance bodies? What effect have
these reforms had on the legitimacy and effectiveness of global
governance? To answer these questions, the book examines
treaty-based intergovernmental organizations alongside newer forms
of global governance such as trans-governmental regulatory
networks, multi-stakeholder partnerships, and private standard
setting bodies. Through a series of paired comparative analyses,
the book provides insights into the experiences of large emerging
and smaller or lower income developing countries (Brazil v.
Argentina, China v. Vietnam, India v. the Philippines) in a diverse
set of organizations, including the World Bank and the World Health
Organization, the Basel Committee on Banking Supervision, the
Global Fund to Fight AIDS, Tuberculosis and Malaria, the
International Accounting Standards Board, Codex Alimentarius
Commission and more.
Twenty-first-century trade agreements increasingly are a source of
international law on investment and competition. With chapters
contributed by leading practitioners and academics, this volume
draws upon investor-state arbitration and competition/antitrust
disputes to focus on the application of economics to international
trade law and specifically WTO law. Written in an accessible
language suitable for a broad readership while providing concrete
insights designed for the specialist, this book will be of use to
those active or interested in the related fields of trade disputes,
competition law, and investor-state arbitration.
The World Trade Organization (WTO) recently celebrated twenty years
of existence. The general wisdom is that its dispute settlement
institutions work well and its negotiation machinery goes through a
phase of prolonged crises. Assessing the World Trade Organization
overcomes this myopic view and takes stock of the WTO's
achievements whilst going beyond existing disciplinary narratives.
With chapters written by scholars who have closely observed the
development of the WTO in recent years, this book presents the
state of the art in thinking about WTO performance. It also
considers important issues such as the origins of the multilateral
system, the accession process and the WTO's interaction with other
international organisations. The contributions shed new light on
untold stories, critically review and present existing scholarship,
and sketch new research avenues for a future generation of trade
scholars. This book will appeal to a wide audience that aims to
better understand the drivers and obstacles of WTO performance.
The WTO allows its members to retaliate in the face of continued
non-compliance. After more than ten years' operation and ten
arbitration disputes, this volume assesses the law, economics and
politics of trade sanctions in WTO dispute settlement. Including
more than thirty contributions from leading academics, trade
diplomats and practitioners, it offers a thorough analysis of the
legal rules on permissible WTO retaliation as well as an assessment
of the economic rationale and calculations behind the mechanism. In
addition, it provides first hand experiences of those countries
that have obtained WTO authorisation to retaliate, ranging from the
United States and the EC to Mexico and Antigua. In this assessment,
the question of how to make the system work also for small
countries is paramount. Finally, the volume spells out lessons that
could be learned from related fields such as remedies for
non-compliance in investment arbitration and competition or
anti-trust regimes.
This book was first published in 2008. Assume, for a moment, that
the necessary tools are available to induce or even force states to
comply with international law. In such a state of affairs, how
strongly should international law be protected? More specifically,
how easy should it be to change international law? Should treaties
be specifically performed or should states be given an opportunity
to 'pay their way out'? In the event of states violating their
commitments, what kind of back-up enforcement or sanctions should
be imposed? Joost Pauwelyn uses the distinction between liability
rules, property protection and inalienable entitlements as a
starting point for a new theory of variable protection of
international law, placed at the intersection between 'European
absolutism' and 'American voluntarism'. Rather than undermining
international law, variable protection takes the normativity of
international law seriously and calibrates it to achieve maximum
welfare and effectiveness at the lowest cost to contractual freedom
and legitimacy.
The World Trade Organization (WTO) recently celebrated twenty years
of existence. The general wisdom is that its dispute settlement
institutions work well and its negotiation machinery goes through a
phase of prolonged crises. Assessing the World Trade Organization
overcomes this myopic view and takes stock of the WTO's
achievements whilst going beyond existing disciplinary narratives.
With chapters written by scholars who have closely observed the
development of the WTO in recent years, this book presents the
state of the art in thinking about WTO performance. It also
considers important issues such as the origins of the multilateral
system, the accession process and the WTO's interaction with other
international organisations. The contributions shed new light on
untold stories, critically review and present existing scholarship,
and sketch new research avenues for a future generation of trade
scholars. This book will appeal to a wide audience that aims to
better understand the drivers and obstacles of WTO performance.
Twenty-first-century trade agreements increasingly are a source of
international law on investment and competition. With chapters
contributed by leading practitioners and academics, this volume
draws upon investor-state arbitration and competition/antitrust
disputes to focus on the application of economics to international
trade law and specifically WTO law. Written in an accessible
language suitable for a broad readership while providing concrete
insights designed for the specialist, this book will be of use to
those active or interested in the related fields of trade disputes,
competition law, and investor-state arbitration.
International investment law is one of the fastest growing areas of
international law. It has led to the signing of thousands of
agreements, mostly in the form of investment contracts and
bilateral investment treaties. Also, in the last two decades, there
has been an exponential growth in the number of disputes being
resolved by investment arbitration tribunals. Yet the legal
principles at the basis of international investment law and
arbitration remain in a state of flux. Perhaps the best
illustration of this phenomenon is the wide disagreement among
investment tribunals on some of the core concepts underpinning the
regime, such as investment, property, regulatory powers, scope of
jurisdiction, applicable law, or the interactions with other areas
of international law. The purpose of this book is to revisit these
conceptual foundations in order to shed light on the practice of
international investment law. It is an attempt to bridge the
growing gap between the theory and the practice of this thriving
area of international law. The first part of the book focuses on
the 'infrastructure' of the investment regime or, more
specifically, on the structural arrangements that have been
developed to manage foreign investment transactions and the
potential disputes arising from them. The second part of the book
identifies the common conceptual bases of an array of seemingly
unconnected practical problems in order to clarify the main stakes
and offer balanced solutions. The third part addresses the main
sources of 'regime stress' as well as the main legal mechanisms
available to manage such challenges to the operation of the regime.
Overall, the book offers a thorough investigation of the
conflicting theoretical positions underlying international
investment law, testing their worth by reference to concrete issues
that have arisen in the jurisprudence. It demonstrates that many of
the most important practical questions arising in practice can be
addressed by a carefully dosed resort to theory.
The WTO allows its members to retaliate in the face of continued
non-compliance. After more than ten years' operation and ten
arbitration disputes, this volume assesses the law, economics and
politics of trade sanctions in WTO dispute settlement. Including
more than thirty contributions from leading academics, trade
diplomats and practitioners, it offers a thorough analysis of the
legal rules on permissible WTO retaliation as well as an assessment
of the economic rationale and calculations behind the mechanism. In
addition, it provides first hand experiences of those countries
that have obtained WTO authorisation to retaliate, ranging from the
United States and the EC to Mexico and Antigua. In this assessment,
the question of how to make the system work also for small
countries is paramount. Finally, the volume spells out lessons that
could be learned from related fields such as remedies for
non-compliance in investment arbitration and competition or
anti-trust regimes.
One of the most prominent and urgent problems in international
governance is how the different branches and norms of international
law interact and what to do in the event of conflict. With no
single 'international legislator' and a multitude of states,
international organisations and tribunals making and enforcing the
law, the international legal system is decentralised. This leads to
a wide variety of international norms, ranging from customary
international law and general principles of law, to multilateral
and bilateral treaties on trade, the environment, human rights, the
law of the sea, etc. Pauwelyn provides a framework on how these
different norms interact, focusing on the relationship between the
law of the World Trade Organisation (WTO) and other rules of
international law. He also examines the hierarchy of norms within
the WTO treaty. His recurring theme is how to marry trade and
non-trade rules, or economic and non-economic objectives at the
international level.
This book was first published in 2008. Assume, for a moment, that
the necessary tools are available to induce or even force states to
comply with international law. In such a state of affairs, how
strongly should international law be protected? More specifically,
how easy should it be to change international law? Should treaties
be specifically performed or should states be given an opportunity
to 'pay their way out'? In the event of states violating their
commitments, what kind of back-up enforcement or sanctions should
be imposed? Joost Pauwelyn uses the distinction between liability
rules, property protection and inalienable entitlements as a
starting point for a new theory of variable protection of
international law, placed at the intersection between 'European
absolutism' and 'American voluntarism'. Rather than undermining
international law, variable protection takes the normativity of
international law seriously and calibrates it to achieve maximum
welfare and effectiveness at the lowest cost to contractual freedom
and legitimacy.
Economic globalization and respect for human rights are both highly
topical issues. In theory, more trade should increase economic
welfare and protection of human rights should ensure individual
dignity. Both fields of law protect certain freedoms: economic
development should lead to higher human rights standards, and UN
embargoes are used to secure compliance with human rights
agreements. However the interaction between trade liberalisation
and human rights protection is complex, and recently, tension has
arisen between these two areas. Do WTO obligations covering
intellectual property prevent governments from implementing their
human rights obligations, including rights to food or health? Is it
fair to accord the benefits of trade subject to a clean human
rights record? This book first examines the theoretical framework
of the interaction between the disciplines of international trade
law and human rights. It builds upon the well-known debate between
Professor Ernst-Ulrich Petersmann, who construes trade obligations
as human rights, and Professor Philip Alston, who warns of a merger
and acquisition of human rights by trade law. From this starting
point, further chapters explore the differing legal matrices of the
two fields and examine how cooperation between them might be
improved, both in international law-making and institutions,in
dispute settlement. The interaction between trade and human rights
is then explored through seven case studies:freedom of expression
and competition law; IP protection and health; agricultural trade
and the right to food; trade restrictions on conflict WHO
convention on tobacco control; and, finally, human rights
conditionalities in preferential trade schemes.
How do trade agreements interact with agreements on human rights or the environment? In case of conflict, which agreement should prevail? Must trade disputes be examined only from the angle of trade rules or should account be taken also of non-trade values? Joost Pauwelyn considers these questions and reveals how the different rules of international law interact, with the aid of procedural guidelines when conflict occurs. This book interests trade diplomats, international civil servants, lawyers, NGOs and scholars of public international law and international trade law.
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