An Institutional and Normative Analysis of the World Trade OrganizationThis book establishes a framework for analysis of the institutional and normative character of the WTO by locating the organization in a broader theory of international institutional law and in determining the basis for the conferral and exercise of powers in relation to its executive, legislative and adjudicative functions. The WTO is also read as an international regime in order to go beyond its formal legal and constitutional bases and to observe the Members’ practice in the context of the former semi-institutionalised GATT treaty regime with which it retains strong links. WTO decision-making, which underpins and informs its institutional and normative acts, is analysed in order to better understand the dynamics of the organization. Normative developments in the WTO are reviewed from the perspective of the creation, maintenance and revision of legally binding and non-binding or ‘soft’ law norms, in the sense of principles, rules and standards contained in primary treaty rules, which set out the rights and obligations of the Members, and subsidiary rule-making activity by WTO bodies. |
Contents
Introduction | 1 |
Chapter I Organisational and institutional aspects | 11 |
Chapter II The dynamics of a regime | 79 |
Chapter III Decisionmaking | 129 |
Chapter IV Principal rulemaking | 181 |
Chapter V Subsidiary rulemaking | 271 |
Conclusions | 327 |
339 | |
359 | |
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An Institutional And Normative Analysis of the World Trade Organization Mary E. Footer Limited preview - 2006 |
Common terms and phrases
accession adopted Agreement on Trade amendment Analytical Index Appellate Body Report application Article X WTO basis of Article binding BISD Cancún Chairman’s chapter consensus decision-making Council for Trade December developing countries Director-General dispute settlement entry into force established European Communities Foreign Sales Corporations formal former GATT function GATS GATT contracting parties hereinafter ibid implementation institutional bodies International Law international organisations issues Legal Texts Marrakesh Marrakesh Agreement Meeting membership ment Ministerial Conference Ministerial Decision Multilateral Trade Agreements normative developments November paras Plurilateral powers practice primary treaty rules Protocol provisions pursuant to Article regime regime theory regulations relating respect rights and obligations Rules of Procedure Schedules Schermers Secretariat Session soft law standards subsidiary rule-making tariff tion Tokyo Round Trade in Services Trade Negotiations United Nations Uruguay Round VCLT voting waiver World Trade Organization WTO Agreement WTO bodies WTO Members WTO’s