The Law and Policy of the World Trade Organization: Text, Cases and Materials, Edition 4

Cambridge University Press
Free sample

Retaining the signature clarity and depth that made it an instant classic, this new fourth edition of The Law and Policy of the World Trade Organization examines both the institutional and substantive law of the World Trade Organization (WTO). Fully updated to incorporate all new developments in the WTO's body of case law, this market-leading text offers readers a clear introduction to the basic principles of the multilateral trading system and a detailed examination of the law of the WTO. With integrated questions and assignments which allow readers to easily assess and reinforce their understanding and develop their analytical skills, The Law and Policy of the World Trade Organization is essential reading for all WTO law students and practitioners. Suitable for postgraduate and advanced undergraduate students, this classic text is also the ideal resource for practitioners, diplomats and policymakers looking for an introduction to the law of the WTO.
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About the author

Peter Van den Bossche is Member of the Appellate Body of the World Trade Organization since 2009 and served as its Chair in 2015. He is Director of Studies and Professor of International Economic Law at the World Trade Institute of the Universitt Bern, Switzerland. He is a visiting Professor at the Collge d'Europe, Belgium; Universiteit Maastricht, Netherlands; the Universitat de Barcelona and the Universidad San Francisco de Quito, Ecuador. From 1997 to 2001, he was counsellor at the Appellate Body Secretariat, and in 2001 served as Acting Director of the Secretariat. In the early 1990s, he worked as rfrendaire at the European Court of Justice. He studied law at the Universiteit Antwerpen, Belgium (Lic. jur.), the University of Michigan (LL.M.) and the European University Institute, Florence (Ph.D.).

Werner Zdouc has been Director of the World Trade Organization (WTO) Appellate Body Secretariat since 2006. He obtained a law degree from Karl-Franzens-Universitt Graz, Austria and then went on to earn an LL.M. from the University of Michigan and a Ph.D. from Universitt St. Gallen, Switzerland. Dr Zdouc joined the WTO Legal Affairs Division in 1995 and the Appellate Body Secretariat in 2001. From 20089 he chaired the WTO Joint Advisory Committee to the Director-General. He has been a lecturer and visiting Professor at Wirtschaftsuniversitt Wien, Vienna, the Universitt St. Gallen, Switzerland, Universitt Zrich, Universitat de Barcelona, The University of Seoul, Shanghai University and at the Institut de hautes tudes internationales et du dveloppement, Geneva. From 1987 to 1989, he worked for governmental and non-governmental development aid organizations in Austria and Latin America.

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Additional Information

Publisher
Cambridge University Press
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Published on
Jul 27, 2017
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Pages
1125
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ISBN
9781108211116
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Language
English
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Genres
Law / Commercial / International Trade
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Content Protection
This content is DRM protected.
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This book explores the way in which 'development' has functioned within the multilateral trade regime since de-colonisation. In particular, it investigates the shift from early approaches to development under the GATT to current approaches to development under the WTO. It argues that a focus on the creation and transformation of a scientific apparatus that links forms of knowledge about the so-called Third World with forms of power and intervention is crucial for understanding the six decades long development enterprise of both the GATT and the WTO. The book is both topical and necessary given the emphasis on the current round of negotiations of the WTO. The Doha 'Development' Round has been premised on two assumptions. Firstly, that the international community has undertaken an unprecedented effort to address the imbalances of the multilateral trading regime with respect to the position of its developing country members. Secondly, that its successful conclusion represents an historic imperative and a political necessity for developing countries. Through a sustained analysis of the interaction between development thinking and trade practices, the book questions both assumptions by showing how development has always occupied a central position within the multilateral trading regime. Thus, rather than asking the question of what needs to be done in order to achieve 'development', the book examines the way in which development has operated and still operates to produce important, and often unacknowledged, power relations.

"Intense controversy surrounds the issue of the relationship between trade and development. This book is novel in examining the emergence of the international trade regime in the context of the history of the concept of development that may be traced back at least to the time of the League of Nations. This is a very welcome and original contribution to the field that should generate new discussions and understanding about the law of international trade."
Antony Anghie, University of Utah
This book presents a new theoretical framework for understanding the regulation of international trade. For this purpose, it analyses a series of integrated studies of relations between the EU, the WTO and China. It consists of three main parts. Part I introduces the basic concepts. It surveys the literature on law and globalisation, introduces the concept of sites of governance and the theory of global legal pluralism and sketches the foundations of global legal pluralism. It shows that each site of governance has both a structural dimension, consisting of institutions, norms and dispute resolution processes, and a relational dimension, comprising its relations with other sites of governance. The totality of sites of governance constitutes a new form of global legal pluralism. Part II analyses global legal pluralism in action in relations between the EU, the WTO and China. It examines the construction of relations between sites, ways in which relations between sites give rise to new legal concepts or transform the character of rules, the tension between regionalism and international integration and the governance of international production networks. It emphasises the reciprocal interaction between the structural features and the relational features of sites. Part III explores new directions in global legal pluralism. It first analyses regional trade agreements as a way of creating new sites of governance, focusing on agreements involving China. Then it considers how to enhance ethical values in international trade regulation. Based on an institutional analysis of relations between the WTO and other sites of governance, it proposes ways in which global legal pluralism can be used to reform the WTO, today the predominant institution in the regulation of international trade, including trade between the EU and China.
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