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The development of World Trade Organization law : examining change in international law / Gregory Messenger

Author
Messenger, Gregory, 1982-
Published
Oxford : Oxford University Press, 2016.
Physical Description
1 online resource
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Contents
Machine generated contents note: 1.Introduction -- A.Introduction -- B.Legal Development and the `Course of International Law' -- 1.`Progressive Development' and international law -- 2.The development of international law and change -- 3.Time and the development of international law -- C.The World Trade Organization as a Bellwether -- D.Structure of the Book -- 2.International Law in a Globalized World -- A.Introduction -- B.International Law as a Global Process -- 1.The key characteristics of process-based accounts -- 2.The actors engaged in law as a global process -- 3.The limitations of understanding law as a global process -- C.International Law as a Complex and Complicated System -- 1.Methodological challenges to examining law as a complex system -- D.Explaining the Development of International Law -- 1.Three explanations: Functionalism, formalism, and idealism -- 2.Reframing the discussion: The turn to causal language -- 3.Law as a cause and the causes of law -- 4.Three explanations revisited: Causal influences -- 3.The WTO as a Site of Globalized Legal Development -- A.Introduction -- B.The Constitutive Effect of Law in International Trade -- 1.Law's influence on individuals in international trade -- 2.Law's constitutive effect on the State and other institutions -- 3.Law's constitution of the public-private relationship -- 4.The constitutive influence of law as motivation for actors -- C.The Instrumental Effect of Law at the WTO -- 1.Embedding norms as treaty obligations: The covered agreements -- 2.Embedding norms through WTO Councils and Committees -- 3.Reviewing `measures' at the WTO: Dispute settlement and other mechanisms -- 4.Challenging coterminous WTO obligations under other legal systems -- D.The Systemic Effect of Law on Globalized Actors at the WTO -- 1.The rules applicable to granting globalized actors access to the WTO -- 2.The role of domestic procedural requirements in challenging incorporated WTO obligations -- 3.International law obligations under the covered agreements: Constraining and enabling on the international plane -- 4.The systemic influence of the dispute settlement system: Examining causal strength -- E.Concluding Remarks -- 4.Safeguard Measures -- A.Introduction -- B.The Use of Safeguard Measures and their Underlying Values -- 1.The justification for safeguard measures -- 2.Safeguard measures as an expression of fairness -- 3.Reconciling outcome-based fairness and the gains from trade -- C.The Development of Article XIX GATT and the WTO Agreement on Safeguards -- 1.The US origins of safeguard measures -- 2.Crystallizing preferences under the GATT 1947: Article XIX -- 3.Crystallizing preferences at the WTO: The Agreement on Safeguards -- 4.Structural adjustment assistance: A failure to embed norms? -- D.Legal Change and Unexpected Outcomes -- 1.The `unforeseen developments' clause -- 2.The `unforeseen developments' clause in the WTO era: Instrumental expectations -- 3.The alteration of practice in the US's administrative bodies -- E.The Continuing Development of Safeguards Regulation at the WTO -- 1.A new generation of voluntary export restraints? -- 2.Mutually agreed solutions for the restriction of imports -- 3.Bilateral commodity agreements -- 4.Gentlemen's agreements and restrictions on gold sales -- 5.Dispute settlement through the Safeguards Committee -- F.Concluding Remarks -- 5.Sanitary and Phytosanitary Measures -- A.Introduction -- B.The Use of SPS Measures and their Underlying Values -- 1.Negotiations on the SPS Agreement -- 2.Experiences in SPS Regulation: The European Union, United States, and the Codex -- 3.Decision-making and models of knowledge -- C.The Distinction between Risk Assessment and Risk Management: Epistemological Conflicts -- 1.Approaches to distinguishing risk assessment from risk management -- 2.The panels' interpretation of Article 5 SPS Agreement in the EC--Hormones litigation -- 3.The Appellate Body's response: Pursuing self-legitimation through deference and independence -- 4.Intra-institutional contestations and the influence of the Dispute Settlement Understanding -- D.Private Standards: Competing Conceptions of International Public Authority -- 1.Description and rationale -- 2.The legal difficulties with regulating private standards at the WTO -- 3.The SPS Committee as a forum for globalized interests -- E.Concluding Remarks -- 6.Subsidies -- A.Introduction -- B.The Regulation of Subsidies: Context and Methods -- 1.Regulating subsidies in international trade -- 2.Regulating subsidies at the WTO -- C.Subsidies Regulation and the Structure of the State -- 1.The constitutive and systemic influences of the law on subsidies -- 2.Borderline cases in classifying public action -- 3.The entry of China: A new bout of contestations -- 4.Actors' responses: Clarifications and legitimacy claims -- D.Subsidies in Services -- 1.Treating services as goods -- 2.Extending subsidies regulation to services -- 3.Explaining differing outcomes: The WTO and the EU -- E.Concluding Remarks -- 7.Conclusion -- A.Introduction -- B.Law as a Multi-Causal Construct -- C.Globalized Actors: Institutions and Individuals -- D.The Private Sphere and WTO Scrutiny -- E.A Multipolar WTO: The Challenges of Complexity Multiplied? -- F.Final Remarks.
Summary
As one of the pillars of economic globalisation, the WTO is at the heart of a complex network of rules and institutions. This volume analyses WTO law in light of the influence of globalised actors, identifying causal language as an indispensable component in understanding the development of WTO law.
Subject(s)
ISBN
9780191785061 (ebook)
Bibliography Note
Includes bibliographical references and index.
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