History of Law and Lawyers in the GATT/WTO (eBook, ePUB)

The Development of the Rule of Law in the Multilateral Trading System
Redaktion: Marceau, Gabrielle

• Format: ePub

Produktbeschreibung

How did a treaty that emerged in the aftermath of the Second World War, and barely survived its early years, evolve into one of the most influential organisations in international law? This unique book brings together original contributions from an unprecedented number of eminent current and former GATT and WTO staff members, including many current and former Appellate Body members, to trace the history of law and lawyers in the GATT/WTO and explore how the nature of legal work has evolved over the institution's sixty-year history. In doing so, it paints a fascinating portrait of the development of the rule of law in the multilateral trading system, and allows some of the most important personalities in GATT and WTO history to share their stories and reflect on the WTO's remarkable journey from a 'provisionally applied treaty' to an international organisation defined by its commitment to the rule of law.

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Produktdetails

• Verlag: Cambridge University Press
• Erscheinungstermin: 21. Mai 2015
• Englisch
• ISBN-13: 9781316289358
• Artikelnr.: 43810822

Autorenporträt

The General Agreement on Tariffs and Trade (GATT) was created in 1947 and operated almost five decades on a provisional basis until 1995 when the WTO was established. Its goal is to improve the welfare of peoples of its member countries, specifically by lowering trade barriers and providing a platform for the negotiation of trade. The organization deals with the rules of trade between nations at a global or near global level; it is responsible for negotiating and implementing new trade agreements and charged with policing Member Countries' adherence to all WTO agreements. In 2007 there were 150 Member States.

Inhaltsangabe

1. Introduction and overview; 2. Moving towards an international rule of
law? The role of the GATT and the WTO in its development; Part I. The Role
of Law and Lawyers in the GATT System: 1948-92: Infancy: Reflections on the
Origins of Legalization in the GATT: 3. We were young together: at the
GATT, 1956-8; 4. Law and lawyers in the multilateral trading system: back
to the future; 5. Towards a GATT legal office; 6. A short history of the
rules division; Childhood: the Tokyo Round and the establishment and work
of the first legal office: 7. Remembrance of things past: my time at the
GATT; 8. The first years of the GATT legal service; 9. Early dispute
settlement in the GATT; 10. GATT dispute settlement practices: setting the
stage for reform; 11. The role of law in international trade relations and
the establishment of the Legal Affairs Division of the GATT; 12. From the
GATT to the WTO: a personal journey; 13. The establishment of a GATT Office
of Legal Affairs and the limits of 'public reason' in the GATT/WTO dispute
settlement system; 14. Evolving dispute settlement practice with respect to
anti-dumping in the late 1980s and early 1990s; Part II. Legal Work after
the Entry into Force of the WTO: 1993-5: Adolescence: Transition from the
GATT to the WTO: 15. The Legal Affairs Division and law in the Uruguay
Round and the GATT; 16. Taking care of business: the Legal Affairs Division
from the GATT to the WTO; 17. From the GATT to the WTO: the expanding
duties of the Legal Affairs Division in non-panel matters; 18. The WTO
Dispute Settlement Body: procedural aspects of its operation; Young adult:
the WTO as a formal international organisation: 19. Making law in 'new' WTO
subject areas: competition policy and government procurement; 20. The meat
in the sandwich; 21. From theory to practice: drafting and applying the
Dispute Settlement Understanding (DSU); 22. WTO panel composition:
searching far and wide for administrators of world trade justice; 23. Legal
counsel to the administration: a legal adviser who should not look like
one; 24. Outside looking in, after many years on the inside looking out;
Part III. The Changing Legal Character of the Multilateral Trading System:
1996 to Today: Adulthood: The Quasi-Judicialization of the Panel Process by
the Rules and Legal Affairs Divisions: 25. The first years of WTO dispute
settlement: dealing with controversy and building confidence; 26. From
Seattle to Doha: from the surreal to the unreal. A personal account; 27.
Extending the scope and strengthening the legitimacy of WTO dispute
settlement and some personal recollections Bruce Wilson; 28. Working in WTO
dispute settlement: pride without prejudice; 29. The meaning of everything:
the origin and evolution of the GATT and the WTO analytical index; 30. When
science meets law: the rule of law in the development of the panel's expert
consultation process; Gaining maturity: the appellate body and the impact
of the appellate review on the development of international trade law: 31.
The founding of the appellate body; 32. The authority of an institution:
the appellate body under review; 33. Launching the appellate body; 34.
Revisiting the appellate body: the first six years; 35. Not in clinical
isolation; 36. The appellate body in its formative years: a personal
perspective; 37. Reflections on the functioning of the appellate body; 38.
A country boy goes to Geneva; 39. Contribution of the WTO appellate body to
treaty interpretation; Part IV. Looking Ahead: New Challenges and
Opportunities: 40. Advising the Director-General: brevity is the soul of
wit, even for a lawyer; 41. The Legal Affairs Division at thirty and
beyond; 42. Will the increased workload of WTO panels and the appellate
body change how WTO disputes are adjudicated?; 43. Concluding remarks.