State Trading in the Twenty-First Century


Book Description

The University of Michigan Press is pleased to announce the first volume in an annual series, The World Trade Forum. The Forum's members include scholars, lawyers, and government and business practitioners working in the area of international trade, law, and policy. They meet annually and discuss integration issues in international economic relations, focusing on a new theme each year. The central topic of the first World Trade Forum is state trading. To what extent has trade liberalization, as we have experienced it over the last fifty years, affected property ownership? Contributors to the 1998 World Trade Forum explore this question, examining both state practice and the regulatory framework. Their discussions are divided into three parts: Part 1 looks at the World Trade Organization's legal framework for state trading enterprises, taking on such issues as monopolies and state enterprises, the WTO Antidumping Agreement and the economies in transition, and relationship of state trading and the Government Purchasing Act. Part 2 deals with regional experiences in state trading (for the EC, United States, Canada, Japan, China, and Russia). Part 3 examines conceptual issues such as auctions as a trade policy instrument and rule-making alternatives for entities with exclusive rights. The conclusion synthesizes the foregoing chapters in discussing the reach of modern international trade law. Contributors are Frederick Abbott, Ichiro Araki, Christian Bach, Jacques H. J. Bourgeois, Thomas Cottier, William J. Davey, Vladimir Dbrentsov, Toni Haniotis, Bernard M. Hoekman, Gary Horlick, Henrik Horn, Robert Howse, Patrick Low, Will Martin, Mitsuo Matsushita, Petros Mavroidis, Aaditya Mattoo, Patrick Messerlin, Constantine Michalopoulos, Kristin Heim Mowry, Stilpon Nestor, Damien Neven, N. David Palmeter, Ernst-Ulrich Petersmann, André Sapir, Diane P. Wood, and Werner Zdouc. Petros Mavroidis is Professor of Law, University of Neuchatel. Thomas Cottier is Professor of Law, Institute of European and International Economic Law, University of Bern Law School.







Trade in Goods


Book Description

This new edition of Trade in Goods is an authoritative work on international trade by one of the most influential scholars in the field. It provides a comprehensive and detailed analysis of every WTO agreement dealing with trade in goods. The focus of the book is on the reasoning behind the various WTO agreements and their provisions, and the manner in which they have been understood in practice. It introduces both the historic as well as the economic rationale for the emergence of the multilateral trading system, before dealing with WTO practice in all areas involving trade in goods. It contests the claim that the international trade agreements themselves represent 'incomplete contracts', realized through interpretation by the WTO and other judicial bodies. The book comprehensively analyses the WTO's case law, and it argues that a more rigorous theoretical approach is needed to ensure a greater coherence in the interpretation of the core provisions regulating trade in goods. This second edition readdresses and moves beyond the discussion of the GATT presented in the first edition to assess in significant detail every trade in goods agreement at the WTO, both multilateral as well as plurilateral. The book is written to be accessible to those new to the field, with an authoritative level of detail and analysis that makes it essential reading for lawyers and economists alike.




Free Trade, Free World


Book Description

In this era of globalization, it is easy to forget that today's free market values were not always predominant. But as this history of the birth of the General Agreement on Tariffs and Trade (GATT) shows, the principles and practices underlying our current international economy once represented contested ground between U.S. policymakers, Congress, and America's closest allies. Here, Thomas Zeiler shows how the diplomatic and political considerations of the Cold War shaped American trade policy during the critical years from 1940 to 1953. Zeiler traces the debate between proponents of free trade and advocates of protectionism, showing how and why a compromise ultimately triumphed. Placing a liberal trade policy in the service of diplomacy as a means of confronting communism, American officials forged a consensus among politicians of all stripes for freer_if not free_trade that persists to this day. Constructed from inherently contradictory impulses, the system of international trade that evolved under GATT was flexible enough to promote American economic and political interests both at home and abroad, says Zeiler, and it is just such flexibility that has allowed GATT to endure.




The World Trading System


Book Description

Since the first edition of The World Trading System was published in 1989, the Uruguay Round of trade negotiations has been completed, and most governments have ratified and are in the process of implementing the General Agreement on Tariffs and Trade (GATT). In the Uruguay Round, more than 120 nations negotiated for over eight years, to produce a document of some 26,000 pages. This new edition of The World Trading System takes account of these and other developments. Like the first edition, however, its treatment of topical issues is grounded in the fundamental legal, constitutional, institutional, and political realities that mold trade policy. Thus the book continues to serve as an introduction to the study of trade law and policy. Two basic premises of The World Trading System are that economic concerns are central to foreign affairs, and that national economies are growing more interdependent. The author presents the economic principles of international trade policy and then examines how they operate under real- world constraints. In particular, he examines the extremely elaborate system of rules that governs international economic relations. Until now, the bulk of international trade policy has addressed trade in goods; issues inadequately addressed by policy include trade in services, intellectual property rights, certain investment measures, and agriculture. The author highlights the tension between legal rules, designed to create predictability and stability, and the governments need to make exceptions to solve short-term problems. He also looks at weaknesses of international trade policy, especially as it applies to developing countries and economies in transition. He concludes with a look at issues that will shape international trade policy well into the twenty-first century.




The History and Future of the World Trade Organization


Book Description

The History and Future of the World Trade Organization is a comprehensive account of the economic, political and legal issues surrounding the creation of the WTO and its evolution. Fully illustrated with colour and black-and-white photos dating back to the early days of trade negotiations, the publication reviews the WTO's achievements as well as the challenges faced by the organisation, and identifies the key questions that WTO members need to address in the future. The book describes the intellectual roots of the trading system, membership of the WTO and the growth of the Geneva trade community, trade negotiations and the development of coalitions among the membership, and the WTO's relations with other international organisations and civil society. Also covered are the organisation's robust dispute settlement rules, the launch and evolution of the Doha Round, the rise of regional trade agreements, and the leadership and management of the WTO.




U.S. Trade Policy


Book Description

A critical review of recent U.S. trade policies that have failed to enforce sufficient reciprocity and overall trade balance, with suggestions for policies that foster a more balanced and realistic pattern of world trade growth.




Greening the GATT


Book Description

This text examines the vital connections between trade, environment and development. It argues that current international trade rules and institutions must be significantly reformed to address environmental concerns while still promoting economic growth and development.




The Evolution of the Trade Regime


Book Description

The Evolution of the Trade Regime offers a comprehensive political-economic history of the development of the world's multilateral trade institutions, the General Agreement on Tariffs and Trade (GATT) and its successor, the World Trade Organization (WTO). While other books confine themselves to describing contemporary GATT/WTO legal rules or analyzing their economic logic, this is the first to explain the logic and development behind these rules. The book begins by examining the institutions' rules, principles, practices, and norms from their genesis in the early postwar period to the present. It evaluates the extent to which changes in these institutional attributes have helped maintain or rebuild domestic constituencies for open markets. The book considers these questions by looking at the political, legal, and economic foundations of the trade regime from many angles. The authors conclude that throughout most of GATT/WTO history, power politics fundamentally shaped the creation and evolution of the GATT/WTO system. Yet in recent years, many aspects of the trade regime have failed to keep pace with shifts in underlying material interests and ideas, and the challenges presented by expanding membership and preferential trade agreements.




Developing Countries in the GATT Legal System


Book Description

In this reissued edition of the classic work Developing Countries in the GATT Legal System, Robert E. Hudec's clear insight on the situation of developing countries within the international trade system is once again made available. Hudec is regarded as one of the most prominent commentators on the evolution of the current international trade regime, and this long out-of-print book offers his analysis of the dynamics playing out between developed and developing nations. A significant contribution when the book was first published, this work continues to serve as a thoughtful and important guide to how current and future trade policy must seriously adapt to the demands of the developing world. This new edition includes a new introduction by J. Michael Finger that examines Hudec's work to understand how the GATT got into its current historical-institutional predicament and the lasting impact of his work on current research on international trade systems.