An Institutional And Normative Analysis of the World Trade OrganizationMartinus Nijhoff Publishers, 2006 - Всего страниц: 373 This book establishes a framework for analysis of the institutional and normative character of the WTO by locating the organization in a broader theory of international institutional law and in determining the basis for the conferral and exercise of powers in relation to its executive, legislative and adjudicative functions. The WTO is also read as an international regime in order to go beyond its formal legal and constitutional bases and to observe the Members' practice in the context of the former semi-institutionalised GATT treaty regime with which it retains strong links. WTO decision-making, which underpins and informs its institutional and normative acts, is analysed in order to better understand the dynamics of the organization. Normative developments in the WTO are reviewed from the perspective of the creation, maintenance and revision of legally binding and non-binding or 'soft' law norms, in the sense of principles, rules and standards contained in primary treaty rules, which set out the rights and obligations of the Members, and subsidiary rule-making activity by WTO bodies. |
Содержание
Introduction | 1 |
from ITO to | 12 |
committees working parties | 64 |
4 | 73 |
The dynamics of a regime | 79 |
Decisionmaking | 129 |
Right of initiative and proposals | 135 |
4 | 172 |
6 | 201 |
Principal rule making and the application of secondary treaty rules | 203 |
Conclusions | 267 |
WTO bodies and subsidiary rulemaking | 279 |
Rule referencing | 320 |
Conclusions | 327 |
359 | |
Principal rulemaking | 181 |
Другие издания - Просмотреть все
An Institutional and Normative Analysis of the World Trade Organization Mary Footer Ограниченный просмотр - 2005 |
Часто встречающиеся слова и выражения
adopted Agreement on Trade Appellate Body Report application April Article X WTO basis of Article binding BISD Cancún chapter Committee consensus decision-making Council for Trade December developing countries Director-General dispute settlement Enabling Clause entry into force established European Communities Export former GATT functions GATS GATT contracting parties hereinafter ibid Implementation institutional bodies International Law international organisations issue Legal Texts Marrakesh Marrakesh Agreement measures Meeting ment Ministerial Conference Ministerial Decision Ministerial Declaration modifications Multilateral Trade Agreements multilateral treaty November panel Paragraph 6 Decision paras Plurilateral practice primary treaty rules principle Protocol provisions regime regime theory regulations regulatory respect rights and obligations Rules of Procedure Schedules Schermers Secretariat Session soft law Specific Commitments subsidiary rule-making Tariff tion Tokyo Round Trade in Services United Nations UNTS Uruguay Round VCLT voting waiver World Trade Organization WTO Agreement WTO bodies WTO Members