International rules on trade in goods are at the core of the multilateral trading system and have been influential in all areas of trade law. The essays in this collection represent the very best academic writing from six decades of international trade law and policy. They range from seminal analyses of the core non-discrimination principles to explorations of areas that are still evolving, such as rules on trade remedies, regional trade agreements and developing countries. Alongside analytical pieces, the editors have included a number of essays with a comparative, institutional, political or economic perspective with an introduction offering their own perspective on these themes. This volume is an essential guide to the legal complexities, controversies and policy implications of the field.
Lorand Bartels is University Senior Lecturer in Law at the University of Cambridge, UK and Federico Ortino is Reader in International Economic Law, King's College University of London, UK.
Contents: Introduction; Part I Discrimination: GATT/WTO constraints on national regulation: requiem for an 'aims and effects' test, Robert E. Hudec; MFN unconditionality: a legal analysis of the concept in view of its evolution in the GATT/WTO jurisprudence with particular reference to the issue of 'like product', William J. Davey and Joost Pauwelyn; The product/process distinction - an illusory basis for disciplining 'unilateralism' in trade policy, Robert Howse and Donald Regan; De facto discrimination in world trade law: national and most-favored- nation treatment - or equal treatment?, Lothar Ehring. Part II Beyond Discrimination: European communities - trade description of sardines: textualism and its discontent, Henrik Horn and Joseph H.H. Weiler; Of apples and oranges (and hormones in beef): science and the standard of review in WTO disputes under the SPS agreement, Jacqueline Peel. Part III Policy Exceptions: The meaning of 'necessary' in GATT Article XX and GATS Article XIV: the myth of cost-benefit balancing, Donald H. Regan; International adjudication on national security issues: what role for WTO?, Dapo Akande and Sope Williams. Part IV Subsidies and Trade Remedies: Subsidies and countervailing measures, Alan O. Sykes; The safeguards mess: a critique of WTO jurisprudence, Alan O. Sykes. Part V Developing Countries: The definition of developing countries under GATT and other international law, Guglielmo Verdirame; The trade and development policy of the European Union, Lorand Bartels. Part VI Regional Trade Agreements: Regional economic arrangements and the GATT: the legacy of a misconception, Kenneth W. Dam; Legal requirements for PTAs under the WTO, Andrew D. Mitchell and Nicholas J.H. Lockhart; Name index.