CONTENTS
List of contributors = ⅸ
Preface = xi
Foreword / by E. THOMAS SULLIVAN = xiii
Introduction : An overview of the volume = 1
Part Ⅰ The constitutional developments of international trade law
1 Sovereignty, subsidiarity, and separation of powers : The high-wire balancing act of globalization / JOHN H. JACKSON = 13
2 Constitutionalism and WTO law : From a state-centered approach towards a human rights approach in international economic law / ERNST-ULRICH PETERSMANN = 32
3 WTO decision-making : Is it reformable? / FRIEDL WEISS = 68
4 Some institutional issues presently before the WTO / PIETER JAN KUIJPER = 81
5 Domestic regulation and international trade : Where's the race? Lessons from telecommunications and export controls / RONALD A. CASS ; JOHN R. HARING = 111
Part Ⅱ The scope of international trade law : Adding new subjects and restructuring old ones
6 What subjects are suitable for WTO agreement? / BRIAN HINDLEY = 157
Comment : We have met the enemy and he is us / JOEL P. TRACHTMAN = 171
7 International action on bribery and corruption : Why the dog didn't bark in the WTO / KENNETH W. ABBOTT ; DUNCAN SNIDAL = 177
Comment : It's elementary, my dear Abbott / FRED L. MORRISON = 205
8 Alternative national merger standards and the prospects for international cooperation / DANIEL J. GIFFORD ; ROBERT T. KUDRLE = 208
Comment : Harmonizing global merger standards / E. THOMAS SULLIVAN = 248
9 Agriculture on the way to firm international trading rules / STEFAN TANGERMANN = 254
Part Ⅲ Legal relations between developed and developing countries
10 The Uruguay Round North-South Grand Bargain : Implications for future negotiations / SYLVIA OSTRY = 285
Comment : The Uruguay Round North-South bargain : Will the WTO get over it? / J. MICHAEL FINGER = 301
11 The TRIPS-legality of measures taken to address public health crises : Responding to USTR-State-industry positions that undermine the WTO / FREDERICK M. ABBOTT = 311
Comment : The TRIPS Agreement / T. N. SRINIVASAN = 343
12 "If only we were elephants" : The political economy of the WTO's treatment of trade and environment matters / GREGORY C. SHAFFER = 349
Comment : The dynamics of protest / SARA DILLON = 394
13 The Seattle impasse and its implications for the World Trade Organization / JOHN S. ODELL = 400
Comment : Trade negotiations and high politics : Drawing the right lessons from Seattle / ROBERT HOWSE = 430
14 Developing country interests in WTO agricultural policy / G. EDWARD SCHUH = 435
Comment : WTO and policy reform in developing countries / TERRY L. ROE = 450
Part Ⅳ The operation of the WTO dispute settlement procedure
15 Testing international trade law : Empirical studies of GATT／WTO dispute settlement / MARC L. BUSCH ; ERIC REINHARDT = 457
16 The Appellate Body and its contribution to WTO dispute settlement / DEBRA P. STEGER = 482
17 A permanent panel body for WTO dispute settlement : Desirable or practical? / WILLIAM J. DAVEY = 496
Comment : Step by step to an international trade court / AMELIA PORGES = 528
18 International trade policy and domestic food safety regulation : The case for substantial deference by the WTO Dispute Settlement Body under the SPS Agreement / MICHAEL TREBILCOCK ; JULIE SOLOWAY = 537
Comment : The case against clarity / DANIEL A. FARBER = 575
19 Judicial supremacy, judicial restraint, and the issue of consistency of preferential trade agreements with the WTO : The apple in the picture / PETROS C. MAVROIDIS = 583
20 Should the teeth be pulled? An analysis of WTO sanctions / STEVE CHARNOVITZ = 602
21 Problems with the compliance structure of the WTO dispute resolution process / GARY N. HORLICK = 636
22 "Inducing compliance" in WTO dispute settlement / DAVID PALMETER ; STANIMIR A. ALEXANDROV = 646
Bibliography of works / by ROBERT E. HUDEC = 667
Index = 673
List of contributors = ⅸ
Preface = xi
Foreword / by E. THOMAS SULLIVAN = xiii
Introduction : An overview of the volume = 1
Part Ⅰ The constitutional developments of international trade law
1 Sovereignty, subsidiarity, and separation of powers : The high-wire balancing act of globalization / JOHN H. JACKSON = 13
2 Constitutionalism and WTO law : From a state-centered approach towards a human rights approach in international economic law / ERNST-ULRICH PETERSMANN = 32
3 WTO decision-making : Is it reformable? / FRIEDL WEISS = 68
4 Some institutional issues presently before the WTO / PIETER JAN KUIJPER = 81
5 Domestic regulation and international trade : Where's the race? Lessons from telecommunications and export controls / RONALD A. CASS ; JOHN R. HARING = 111
Part Ⅱ The scope of international trade law : Adding new subjects and restructuring old ones
6 What subjects are suitable for WTO agreement? / BRIAN HINDLEY = 157
Comment : We have met the enemy and he is us / JOEL P. TRACHTMAN = 171
7 International action on bribery and corruption : Why the dog didn't bark in the WTO / KENNETH W. ABBOTT ; DUNCAN SNIDAL = 177
Comment : It's elementary, my dear Abbott / FRED L. MORRISON = 205
8 Alternative national merger standards and the prospects for international cooperation / DANIEL J. GIFFORD ; ROBERT T. KUDRLE = 208
Comment : Harmonizing global merger standards / E. THOMAS SULLIVAN = 248
9 Agriculture on the way to firm international trading rules / STEFAN TANGERMANN = 254
Part Ⅲ Legal relations between developed and developing countries
10 The Uruguay Round North-South Grand Bargain : Implications for future negotiations / SYLVIA OSTRY = 285
Comment : The Uruguay Round North-South bargain : Will the WTO get over it? / J. MICHAEL FINGER = 301
11 The TRIPS-legality of measures taken to address public health crises : Responding to USTR-State-industry positions that undermine the WTO / FREDERICK M. ABBOTT = 311
Comment : The TRIPS Agreement / T. N. SRINIVASAN = 343
12 "If only we were elephants" : The political economy of the WTO's treatment of trade and environment matters / GREGORY C. SHAFFER = 349
Comment : The dynamics of protest / SARA DILLON = 394
13 The Seattle impasse and its implications for the World Trade Organization / JOHN S. ODELL = 400
Comment : Trade negotiations and high politics : Drawing the right lessons from Seattle / ROBERT HOWSE = 430
14 Developing country interests in WTO agricultural policy / G. EDWARD SCHUH = 435
Comment : WTO and policy reform in developing countries / TERRY L. ROE = 450
Part Ⅳ The operation of the WTO dispute settlement procedure
15 Testing international trade law : Empirical studies of GATT／WTO dispute settlement / MARC L. BUSCH ; ERIC REINHARDT = 457
16 The Appellate Body and its contribution to WTO dispute settlement / DEBRA P. STEGER = 482
17 A permanent panel body for WTO dispute settlement : Desirable or practical? / WILLIAM J. DAVEY = 496
Comment : Step by step to an international trade court / AMELIA PORGES = 528
18 International trade policy and domestic food safety regulation : The case for substantial deference by the WTO Dispute Settlement Body under the SPS Agreement / MICHAEL TREBILCOCK ; JULIE SOLOWAY = 537
Comment : The case against clarity / DANIEL A. FARBER = 575
19 Judicial supremacy, judicial restraint, and the issue of consistency of preferential trade agreements with the WTO : The apple in the picture / PETROS C. MAVROIDIS = 583
20 Should the teeth be pulled? An analysis of WTO sanctions / STEVE CHARNOVITZ = 602
21 Problems with the compliance structure of the WTO dispute resolution process / GARY N. HORLICK = 636
22 "Inducing compliance" in WTO dispute settlement / DAVID PALMETER ; STANIMIR A. ALEXANDROV = 646
Bibliography of works / by ROBERT E. HUDEC = 667
Index = 673