The WTO: Governance, Dispute Settlement & Developing Countries
Published in January 2008
Book
Hardback
1100 pages
978-1-57823-232-1 (ISBN)
Description
This volume brings together essays by world-renowned leaders in the field of international trade examining the operation of the WTO and its dispute settlement system. The experts who have contributed to this book include policymakers, scholars, lawyers and diplomats. Two major areas of inquiry are undertaken. The first half of this volume examines the governance and operation of the WTO and the international trading system. It pays particular attention to issues that affect developing country members of the WTO. The second half of this volume contains a detailed examination of the performance, operation, and challenges of the WTO's dispute settlement system.
This book is an outgrowth of a conference held at Columbia University in New York in the spring of 2006. The conference was the last of a series of five regional gatherings held around the world to commemorate the 10th anniversary of the WTO and its dispute settlement system. This volume includes essays that shed further light on some of the themes raised in those discussions, as well as edited transcripts from that conference.
This book is an outgrowth of a conference held at Columbia University in New York in the spring of 2006. The conference was the last of a series of five regional gatherings held around the world to commemorate the 10th anniversary of the WTO and its dispute settlement system. This volume includes essays that shed further light on some of the themes raised in those discussions, as well as edited transcripts from that conference.
More details
Language
English
ISBN-13
978-1-57823-232-1 (9781578232321)
Persons
Merit E. Janow was a member of the WTO Appellate Body from 2003 to 2008 and is a Professor of International Economic Law and International Affairs at Columbia University. She is a leading expert in international trade and antitrust law and policy. She has extensive experience in academia, government, and business, with an early specialization in the Asia-Pacific region. For the past thirteen years, Merit E. Janow has been a Professor at Columbia University's School of International and Public Affairs (SIPA) and Columbia Law School.
Victoria Donaldson is a Counselor at the WTO Appellate Body Secretariat, where she has worked since 1999. From 1996 to 1999, she practiced law with the Brussels office of Cleary, Gottlieb, Steen and Hamilton.
Alan Yanovich is a Counselor at the WTO Appellate Body Secretariat, where he has worked since 2001. He was a legal adviser at the General Secretariat of the Andean Community from 1997 to 2001.
Victoria Donaldson is a Counselor at the WTO Appellate Body Secretariat, where she has worked since 1999. From 1996 to 1999, she practiced law with the Brussels office of Cleary, Gottlieb, Steen and Hamilton.
Alan Yanovich is a Counselor at the WTO Appellate Body Secretariat, where he has worked since 2001. He was a legal adviser at the General Secretariat of the Andean Community from 1997 to 2001.
Content
Table of Contents
Foreword
Acknowledgments
Introduction and Overview
Abbreviations
PART I UNDERSTANDING THE WORLD TRADE ORGANIZATION TODAY AND ITS HISTORY
SECTION I
The World Trade Organization: The Challenges Ahead
1. The WTO Doha Development Agenda: Working for a Fairer Global Trading System
- Pascal Lamy
2. Doha: Our Generation's Opportunity to Promote Economic Growth and Development
- Susan Schwab
3. The Politics of the World Trade Organization in Its Second Decade
- Peter Mandelson
4. Managing the Future Challenges Facing the World Trade Organization: A European Perspective
- Christine Lagarde
SECTION II
The Uruguay Round and the Doha Development Agenda: What Have We Achieved?
5. Leadership and Vision: Some Lessons from the Uruguay Round
- Peter Sutherland
6. The World Trade Organization's Biggest Problem at Ten: Surviving the Doha Round
- Ernesto Zedillo
7. The Doha Round: Salvageable? Or a Lost Cause?
- Clayton Yeutter
8. The Uruguay Round: Its Lessons for Doha
- Jagdish Bhagwat
9. The Doha Round: Has It Now Expired?
- Albert Fishlow
10. Why the Prospects for a Doha Deal Are Not Bleak
- Arvind Panagariya
11. OPENING DINNER ROUNDTABLE A World Leaders Forum Event - The Uruguay Round and the Doha Development; Agenda: What Have We Achieved?
-Lee C. Bollinger, Merit E. Janow, Carla Hills, Clayton Yeutter, Peter Sutherland, Jagdish Bhagwati
SECTION III
The World Trade Organization and Developing Countries
12. The World Trade Organization and Developing Countries: An Indonesian Perspective
- Mari Elka Pangestu
13. How Can the World Trade Organization and the Multilateral Trading System Support the Development Goals of Low income Countries?
- Ngozi Okonjo-Iweala
14. A Progressive Tariff Reduction Scheme
- Joseph Stiglitz and Andrew Charlton
15. Developing Countries and the World Trade Organization: What Are the Issues?
- Patrick Low
SECTION IV
Decision-making in the World Trade Organization: An Analysis of a Member-driven Organization
16. Decision-making in the World Trade Organization
- Sun Zhenyu
17. Great Expectations, Hard Times: Dickensian Decision-making at the World Trade Organization?
- Stuart Harbinson
18. PANEL DISCUSSION Decision-making at the World Trade Organization: An Analysis of a Member-driven Organization
- Merit E. Janow, Stuart Harbinson, Hyun-Chong Kim, Amina Mohamed, Mary Robinson, Sun Zhenyu
SECTION V
Reflections on the World Trade Organization in the Context of Economic Globalization
19. Dangers to the Trading System: The Real, The Hyped, and The Possibly Serendipitous
- Paul Blustein.
20. WTO Negotiations Under the Impact of Globalization: The Opportunity and Challenge of Multilateralism inthe Twenty-first Century
- Seiichi Kondo
21. PANEL DISCUSSION Reflections on the World Trade Organization in the Context of Economic Globalization
- Grant Aldonas, Martin Wolf, Seiichi Kondo, Paul Blustein, Keith Rockwell, John Jackson
PART II THE DISPUTE SETTLEMENT SYSTEM
SECTION VI
Examining the Dispute Settlement System: How Has It Performed?
22. The First Years of the Appellate Body and the WTO Dispute Settlement System: A Historical Perspective
- Julio Lacarte Muró
23. The Scope of WTO Law Enforced Through WTO Dispute Settlement Procedure
- Frieder Roessler
24. Legal Eagles? The WTO Appellate Body's First Ten Years
- Petros Mavroidis
25. Features of the Appellate Body That Have Defined Its Performance
- Werner Zdouc
26. PANEL DISCUSSION Examining the Dispute Settlement System: How Has It Performed?
- Yasuhei Taniguchi, John Jackson, Julio Lacarte Muró, Petros Mavroidis, George Bermann, Frieder Roessler, Werner Zdouc
SECTION VII
Lessons from Experience: Operation of the Panel Process and Appellate Review
27. Expediting the Panel Process in WTO Dispute Settlement
- William Davey
28. The Strengths, Weaknesses, and Future of WTO Appellate Review
- Valerie Hughes
29. A Review of Major WTO Jurisprudence
- Mitsuo Matsushita
30. Enhancing the Operation of the WTO Panel Process and Appellate Review: Lessons from Experience and a Focus on Transparency
- Andrew Stoler
31. The Burden of Proof in WTO Dispute Settlemen
- David Unterhalter
32. Understanding the Concept of Prima Facie Proof in WTO Dispute Settlement
- Yasuhei Taniguchi
33. PANEL DISCUSSION Lessons from Experience: Operation of the Panel Process and Appellate Review
- Luiz O. Baptista, William Davey, Valerie Hughes, Mitsuo Matsushita, Andrew Stoler, John Weekes
SECTION VIII
WTO Case Law in the International Law Context
34. WTO Law and the "Fragmentation" of International Law: Specificity, Integration, Conflicts
- Giorgio Sacerdoti
35. The Factors Driving and Constraining the Incorporation of International Law in WTO Adjudication
- José Alvarez
36. The Use and Abuse of International Law in WTO Trade/Environment Litigation
- Robert Howse
37. An Outsider's Look at the WTO Appellate Body
- Patricia Wald
38. Does the World Trade Organization Prohibit Retorsions and Reprisals? Legitimate "Contracting Out" or "Clinical Isolation" Again?
- Pieter-Jan Kuijper
39. PANEL DISCUSSION WTO Case Law in an International Law Context
- Georges Abi-Saab, José Alvarez, Florentino Feliciano, Martti Koskenniemi, Pieter-Jan Kuijper, Patricia Wald
SECTION IX
Considering Remedies
40. Remedies in the World Trade Organization: An Economic Perspective
- Kyle Bagwell
41. A Comment on Compliance with WTO Dispute Settlement Decisions
- Gary Horlick and Judith Coleman
42. Compliance by WTO Members with Adverse WTO Dispute Settlement Rulings
- Bruce Wilson.
43. Remedy in WTO Dispute Settlement
-Alan Wolff
44. PANEL DISCUSSION Considering Remedies
- Kyle Bagwell, Gary Horlick, Robert Lawrence, Bruce Wilson, Alan Wolff
SECTION X
The WTO Dispute Settlement System in the Next Ten Years
45. The WTO Dispute Settlement System in the Next Ten Years
- David Palmeter
46. Mapping the Law of WTO Accession
- Steve Charnovitz
47. PANEL DISCUSSION The Dispute Settlement System in the Next Ten Years
- Julio Lacarte Muró, Jane Bradley, Steve Charnovitz, Robert Howse, David Palmeter.
SECTION XI
Implementation of WTO Rulings: The Role of the Courts and Legislatures in the United States and Other Jurisdictions
48. US Implementation of WTO Decisions
- Sharyn O'Halloran
49. Multi-level Judicial Trade Governance without Justice? On the Role of Domestic Courts in the WTO Legal and Dispute Settlement System
- Ernst-Ulrich Petersmann
50. Reconciling the International and the Domestic: The Reasonable Period of Time under Article 21.3 of the DSU
- Robin Hansen and Donald McRae.
51. PANEL DISCUSSION Implementation of WTO Rulings: The Role of Courts and Legislatures in the United States and Other Jurisdictions
- Giorgio Sacerdoti, Thomas Aquilino, Jr, George Bermann, Donald McRae, Sharyn O'Halloran,Ernst-Ulrich Jetersmann.
Biographical Notes
Table of Cases
Index
Foreword
Acknowledgments
Introduction and Overview
Abbreviations
PART I UNDERSTANDING THE WORLD TRADE ORGANIZATION TODAY AND ITS HISTORY
SECTION I
The World Trade Organization: The Challenges Ahead
1. The WTO Doha Development Agenda: Working for a Fairer Global Trading System
- Pascal Lamy
2. Doha: Our Generation's Opportunity to Promote Economic Growth and Development
- Susan Schwab
3. The Politics of the World Trade Organization in Its Second Decade
- Peter Mandelson
4. Managing the Future Challenges Facing the World Trade Organization: A European Perspective
- Christine Lagarde
SECTION II
The Uruguay Round and the Doha Development Agenda: What Have We Achieved?
5. Leadership and Vision: Some Lessons from the Uruguay Round
- Peter Sutherland
6. The World Trade Organization's Biggest Problem at Ten: Surviving the Doha Round
- Ernesto Zedillo
7. The Doha Round: Salvageable? Or a Lost Cause?
- Clayton Yeutter
8. The Uruguay Round: Its Lessons for Doha
- Jagdish Bhagwat
9. The Doha Round: Has It Now Expired?
- Albert Fishlow
10. Why the Prospects for a Doha Deal Are Not Bleak
- Arvind Panagariya
11. OPENING DINNER ROUNDTABLE A World Leaders Forum Event - The Uruguay Round and the Doha Development; Agenda: What Have We Achieved?
-Lee C. Bollinger, Merit E. Janow, Carla Hills, Clayton Yeutter, Peter Sutherland, Jagdish Bhagwati
SECTION III
The World Trade Organization and Developing Countries
12. The World Trade Organization and Developing Countries: An Indonesian Perspective
- Mari Elka Pangestu
13. How Can the World Trade Organization and the Multilateral Trading System Support the Development Goals of Low income Countries?
- Ngozi Okonjo-Iweala
14. A Progressive Tariff Reduction Scheme
- Joseph Stiglitz and Andrew Charlton
15. Developing Countries and the World Trade Organization: What Are the Issues?
- Patrick Low
SECTION IV
Decision-making in the World Trade Organization: An Analysis of a Member-driven Organization
16. Decision-making in the World Trade Organization
- Sun Zhenyu
17. Great Expectations, Hard Times: Dickensian Decision-making at the World Trade Organization?
- Stuart Harbinson
18. PANEL DISCUSSION Decision-making at the World Trade Organization: An Analysis of a Member-driven Organization
- Merit E. Janow, Stuart Harbinson, Hyun-Chong Kim, Amina Mohamed, Mary Robinson, Sun Zhenyu
SECTION V
Reflections on the World Trade Organization in the Context of Economic Globalization
19. Dangers to the Trading System: The Real, The Hyped, and The Possibly Serendipitous
- Paul Blustein.
20. WTO Negotiations Under the Impact of Globalization: The Opportunity and Challenge of Multilateralism inthe Twenty-first Century
- Seiichi Kondo
21. PANEL DISCUSSION Reflections on the World Trade Organization in the Context of Economic Globalization
- Grant Aldonas, Martin Wolf, Seiichi Kondo, Paul Blustein, Keith Rockwell, John Jackson
PART II THE DISPUTE SETTLEMENT SYSTEM
SECTION VI
Examining the Dispute Settlement System: How Has It Performed?
22. The First Years of the Appellate Body and the WTO Dispute Settlement System: A Historical Perspective
- Julio Lacarte Muró
23. The Scope of WTO Law Enforced Through WTO Dispute Settlement Procedure
- Frieder Roessler
24. Legal Eagles? The WTO Appellate Body's First Ten Years
- Petros Mavroidis
25. Features of the Appellate Body That Have Defined Its Performance
- Werner Zdouc
26. PANEL DISCUSSION Examining the Dispute Settlement System: How Has It Performed?
- Yasuhei Taniguchi, John Jackson, Julio Lacarte Muró, Petros Mavroidis, George Bermann, Frieder Roessler, Werner Zdouc
SECTION VII
Lessons from Experience: Operation of the Panel Process and Appellate Review
27. Expediting the Panel Process in WTO Dispute Settlement
- William Davey
28. The Strengths, Weaknesses, and Future of WTO Appellate Review
- Valerie Hughes
29. A Review of Major WTO Jurisprudence
- Mitsuo Matsushita
30. Enhancing the Operation of the WTO Panel Process and Appellate Review: Lessons from Experience and a Focus on Transparency
- Andrew Stoler
31. The Burden of Proof in WTO Dispute Settlemen
- David Unterhalter
32. Understanding the Concept of Prima Facie Proof in WTO Dispute Settlement
- Yasuhei Taniguchi
33. PANEL DISCUSSION Lessons from Experience: Operation of the Panel Process and Appellate Review
- Luiz O. Baptista, William Davey, Valerie Hughes, Mitsuo Matsushita, Andrew Stoler, John Weekes
SECTION VIII
WTO Case Law in the International Law Context
34. WTO Law and the "Fragmentation" of International Law: Specificity, Integration, Conflicts
- Giorgio Sacerdoti
35. The Factors Driving and Constraining the Incorporation of International Law in WTO Adjudication
- José Alvarez
36. The Use and Abuse of International Law in WTO Trade/Environment Litigation
- Robert Howse
37. An Outsider's Look at the WTO Appellate Body
- Patricia Wald
38. Does the World Trade Organization Prohibit Retorsions and Reprisals? Legitimate "Contracting Out" or "Clinical Isolation" Again?
- Pieter-Jan Kuijper
39. PANEL DISCUSSION WTO Case Law in an International Law Context
- Georges Abi-Saab, José Alvarez, Florentino Feliciano, Martti Koskenniemi, Pieter-Jan Kuijper, Patricia Wald
SECTION IX
Considering Remedies
40. Remedies in the World Trade Organization: An Economic Perspective
- Kyle Bagwell
41. A Comment on Compliance with WTO Dispute Settlement Decisions
- Gary Horlick and Judith Coleman
42. Compliance by WTO Members with Adverse WTO Dispute Settlement Rulings
- Bruce Wilson.
43. Remedy in WTO Dispute Settlement
-Alan Wolff
44. PANEL DISCUSSION Considering Remedies
- Kyle Bagwell, Gary Horlick, Robert Lawrence, Bruce Wilson, Alan Wolff
SECTION X
The WTO Dispute Settlement System in the Next Ten Years
45. The WTO Dispute Settlement System in the Next Ten Years
- David Palmeter
46. Mapping the Law of WTO Accession
- Steve Charnovitz
47. PANEL DISCUSSION The Dispute Settlement System in the Next Ten Years
- Julio Lacarte Muró, Jane Bradley, Steve Charnovitz, Robert Howse, David Palmeter.
SECTION XI
Implementation of WTO Rulings: The Role of the Courts and Legislatures in the United States and Other Jurisdictions
48. US Implementation of WTO Decisions
- Sharyn O'Halloran
49. Multi-level Judicial Trade Governance without Justice? On the Role of Domestic Courts in the WTO Legal and Dispute Settlement System
- Ernst-Ulrich Petersmann
50. Reconciling the International and the Domestic: The Reasonable Period of Time under Article 21.3 of the DSU
- Robin Hansen and Donald McRae.
51. PANEL DISCUSSION Implementation of WTO Rulings: The Role of Courts and Legislatures in the United States and Other Jurisdictions
- Giorgio Sacerdoti, Thomas Aquilino, Jr, George Bermann, Donald McRae, Sharyn O'Halloran,Ernst-Ulrich Jetersmann.
Biographical Notes
Table of Cases
Index