A History of Law and Lawyers in the Gatt/Wto: The Development of the Rule of Law in the Multilateral Trading System

ISBN-13: 9781107448445 / Angielski / Miękka / 2018 / 703 str.

Gabrielle Marceau; Roberto Azev'do

Opis

How have GATT/WTO staff and Appellate Body members contributed to the evolution of the rule-of-law in the multilateral trading system?

Recenzje

'It is (the) insiders' perspective that makes this book particularly remarkable … The authors represent an impressive array of experience, in the temporal sense - with recollections spanning from 1950s service to the present - but also in terms of the depth and breadth of their firsthand knowledge. … This review has barely scratched the surface of all the valuable contributions contained within this volume. I have already cited nine different chapters in my current research projects, and have discovered dozens of useful references in the footnotes. I highly recommend this book, particularly to those who are already familiar with the contours of the GATT/WTO system.' Meredith Kolsky Lewis, American Journal of International Law

Spis treści

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.