WTO JURISPRUDENCE AND POLICY: Practitioners’ Perspectives

Edited by Marco C.E.J. Bronckers & Gary N. Horlick

With the expansion of its scope, the WTO is having a much greater impact on governments, industries and NGOs. While the GATT was a fairly obscure organization known mostly to trade professionals, government officials, and diplomats, it is no surprise therefore that the WTO has garnered considerably more attention. The legal profession has been paying more attention too.

WTO Jurisprudence and Policy captures various perspectives the legal profession has to offer on the WTO’s activities.  The  chapters are written mostly by current and  former members of  Wilmer Cutler Pickering Hale and Dorr LLP, who have been active for several decades in GATT and WTO affairs.

The book opens with essays on dispute settlement, to which practicing lawyers understandably pay particularly close attention. A selection: Claus-Dieter Ehlermann discusses his experiences during six years as a member of the Appellate Body of the WTO. Then follows a perspective from the other side of the bench: the role of private counsel in WTO litigation. Problems with the compliance structure of the WTO dispute settlement process are examined. The approach taken by the Appellate Body in trade remedies cases is critically reviewed. This part concludes with an analysis of the practical implications of WTO law for private parties: how can private parties protest against WTO violations by third countries (a case study of the EU Trade Barriers Regulation, the equivalent to US Section 301)?

The second part addresses various WTO agreements. This part starts with market protection issues whereby member countries, under WTO authority, use tariffs aimed at offsetting subsidies or dumping, or impose other trade restrictions by way of safeguard measures. To begin with, the WTO subsidies agreement is described. Next follows an analysis of the antidumping agreement.  In addition, this part surveys practical issues concerning the special safeguard mechanism against China that was agreed at the time of China’s accession to the WTO in 2001. An account of the Textile and Apparel Agreements is timely too as the agreed textile quota regime is ending in 2004.  The book then moves beyond trade in goods. On intellectual property, the WTO’s novel enforcement principles are analyzed in detail. A chapter on the WTO’s rules on telecommunications services, including their first interpretation in the 2004 panel report in the Telmex case, concludes this part.

Finally, in Part III, practitioners look ahead to developing principles and new issues facing the WTO and the world trading system. Competition law principles, though no longer an immediate subject of negotiation in the current Doha Round, are already developing under existing WTO law. Science and health issues in trade, particularly in foodstuffs, are highlighted as public debates on hormones, biotech foods, and BSE have heightened in recent years. The thorny issue of environmental protection and so-called PPMs is addressed separately. Finally, Charlene Barshefsky, a practitioner who can rely on her previous experiences as US Trade Representative, calls attention to the need for increasing participation of the Middle East in the WTO.

ISBN 10: 1 905017 06 5

ISBN 13: 978 1 905017 06 5

• Hardback • 832pp • 2005 • £125.00