This original and authoritative book analyzes how the WTO's restrictions on the use of trade measures for social goals affects the development of the law of the international community.
The author examines international law on the use of trade measures to promote non-trade values including human health, environmental protection, and cultural diversity in order to determine whether the WTO decisions in these areas promote the development of the international legal system in a way that benefits the individual. Including an analysis of the most important `trade-&' cases handed down by the WTO's Appellate Body, the book stimulates creative consideration of the extent to which the international trading system's prohibition on the use of trade measures may stifle progress on legal norms that would foster an international community. Krista Nadakavukaren Schefer suggests using the law of equity to fully take into account both the trade and the social issues at stake in any particular case.
With its thorough analysis of WTO trade and decisions, this path-breaking book will be a stimulating read for scholars and students of international law, international economic law and international relations.
Krista Nadakavukaren Schefer, Co-Head of Legal Services, Swiss Institute of Comparative Law, and Senior Fellow, World Trade Institute, Bern, Switzerland
Contents: Preface Part I: Introduction 1. The Social Impacts of Trade 2. The Evolving Character of the International Legal System Part II: Trade Regulation in International Law 3. Unilateral Trade Regulation and the United Nations Charter Principles 4. Unilateral Trade Regulation, the Law of State Responsibility and the Law of Treaties Part III: Social Trade Regulations in WTO Law 5. WTO Obligations Affected by Members' Use of Social Trade Regulations 6. Legal Remedies for Violations of WTO Law 7. Social Trade Regulations in the WTO Dispute Settlement System: Looking at the Evidence Part IV: Analysis 8. How Can a WTO Member Pursue a Social Goal with Trade Regulations? 9. Is There a Modality to Decide when Trade Measures can be Used to Pursue Social Goals? Index