The EU, the WTO and the NAFTA
Towards a Common Law of International Trade
Series: Collected Courses of the Academy of European Law; 9 No. 1;
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Product details:
- Publisher OUP Oxford
- Date of Publication 10 August 2000
- ISBN 9780198298748
- Binding Hardback
- No. of pages258 pages
- Size 242x163x18 mm
- Weight 520 g
- Language English 0
Categories
Short description:
This volume, built on a recent series of courses at the Academy of European Law, Florence, addresses the overlapping regulatory trade regimes of the WTO, the EU and the NAFTA. The various contributions deal with discrete areas of the international trading system each placing considerable emphasis on the interlocking nature of the various components of that system. The co-existence of regimes, often governing simultaneously complex transnational transactions, is the focus of the volume.
MoreLong description:
The starting point of this book is the coexistence of the overlapping regimes of the WTO, the EU and the NAFTA. On this basis it explores the emergence of a nascent Common Law of International Trade.
This exploration is rooted in three phenomena:
Firstly, the fact that the very same regulatory measure may come simultaneously within the jurisdictional reach of more than one trade regime and may even be adjudicated simultaneously. Some regimes offer alternatives. The NAFTA, for example, offers GATT dispute resolution as an option for many of its own disputes.
Secondly, convergence in the material law of the disparate international trade regimes. This, of course, is the heart of the emergent Common Law.
Thirdly, the strengthening of private parties in all regimes. Once a preserve of the EU, the NAFTA allows private party dispute resolution of different types in relation to various matters and in the case of the WTO, although it is still an intergovernmental preserve, private actors are learning to manipulate the system.
This volume, built on a recent series of courses at the Academy of European Law, is a reflection of this conviction. The various contributions deal with discrete areas in the double sense of the international trading system but each placing considerable emphasis on the interlocking nature of the various components of that system. It is our conviction that this is the appropriate way to understand and to teach this branch of the law.
Although easily readable, the audience for this volume is primarily lawyers or persons trained in the law. ... Together ... the essays constitute a coherent introduction to the evolution, major institutions, issues and developments in international trade law. ...Robert Howse's essay on 'Adjudicative Legitimacy and Treaty Interpretation in International Trade' .. provides a good critique of the major legitimacy and overnance issues associated with the regulatory instruments of international trade as well as a good theoretical framework for understanding them.
Table of Contents:
Introduction: Cain and Abel - Convergence and Divergence in International Trade Law
EC External Commercial Policy after Amsterdam: Authority and Interpretation within Interconnected Legal Orders
Adjudicative Legitimacy and Treaty Interpretation in International Trade Law: The Early Years of WTO Jurisprudence
The European Court of Justice and the WTO: Problems and Challenges
On Kith and Kine (and Crustaceans): Trade and Environment in the EU and WTO
The North American Integration Regime and its Implications for the World Trading System
Epilogue: Towards a Common Law
