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Vol 22 No 11 Nov/Dec 2017

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Lawmaking Under the Trade Constitution

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ISBN13: 9789041198068
ISBN: 9041198067
Published: December 2000
Publisher: Kluwer Law International
Format: Hardback
Price: £119.00



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The birth of the World Trade Organization (WTO) and its related agreements at the close of the Uruguay Round marked a profound change in the framework of principles governing world trade. The author argues that the establishment of the WTO as a unique transnational legislature in fact produced a fully integrated trade constitution capable of constructing, universalising and enforcing substantive norms of law. The changes in the world trading system amounted to a significant shift in power from the national to the supranational level, with the result that member states are now disposed to exercise their sovereignty collectively in those areas of commercial law that require global co-ordination. The author further argues that a significant factor in the institutional reform of the international trading system was the advent of the information economy, and the resulting imperative to protect intellectual property. In this respect the work lays the foundation for an empirical understanding of the WTO constitution as a response to the logic of intellectual property law.;From a social perspective, the book explains how the collective exercise of sovereignty in the new world order reflects the emergence of a new transnational civil society in which corporations, non-governmental organisations and voluntary associations are demanding a voice in global lawmaking. In examining the limits of the emerging trade constitution and the challenges it is likely to face, the analysis concludes that to find true legitimacy, the WTO and its institutions must find ways of conforming to the democratic principles of accountability, transparency and representation.

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Contents:
Preface. Introduction.
1. The Trade Constitution.
2. The Constitutional Principle of Most Favoured Nation Treatment.
3. The Constitutional Principle of National Treatment.
4. The Legislative Process: Case Study 1 - The Making of the TRIPS Agreement.
5. The Impact of WTO Lawmaking on Domestic Law: Case Study 2 - The Implementation of TRIPS in Australian Trade Mark Law.
6. The Trade Supercourt: Judicial Review and Coercive Law Enforcement.
7. Challenges for the Trade Constitution.
8. Towards a More Democratic Model of Trade Governance. Conclusion. Bibliography. Index.

Series: Studies in Transnational Economic Law

The WTO Dispute Settlement System 1995-2003: Vol 18
Edited by: Federico Ortino
ISBN 9789041122322
Published July 2006
Kluwer Law International
£183.00
Government Procurement in the WTO ISBN 9789041198846
Published January 2003
Kluwer Law International
£206.00
Legal Issues in Electronic Banking ISBN 9789041198914
Published December 2002
Kluwer Law International
£135.00
Cross-border Mergers and Acquisitions and the Law
Edited by: Norbert Horn
ISBN 9789041116802
Published November 2001
Kluwer Law International
£170.00
International Trade Law and the GATT/WTO Dispute Settlement System ISBN 9789041106841
Published June 1999
Kluwer Law International
£277.00
International Public Procurement Law ISBN 9789041196859
Published February 1999
Kluwer Law International
£197.00
The Liability of Corporate Groups ISBN 9789065447852
Published April 1994
Kluwer Law International
£245.00
International Economic Arbitration ISBN 9789065446725
Published March 1993
Kluwer Law International
£317.00
The Law of International Trade Finance ISBN 9789065443953
Published October 1989
Kluwer Law International
£255.00
National Constitutions and International Economic Law
ISBN 9789065446657
Published December 0002
Kluwer Law International
£287.00