With its virtually universal treaty network and its binding dispute
settlement mechanism (DSM), has the World Trade Organization (WTO)
become a “legalized” international organization? To a large
extent, the positive effect of the move to a higher level of
legalization in the WTO is commonly acknowledged. Nevertheless,
contrary to the high expectations of trade ‘legalists’, empirical
studies suggest that the policy goal of trade liberalization cannot
always be achieved by the functioning of the WTO legal system. Indeed,
legalization at the international level often affects domestic systems
in ways that are not only unintended, but often provoke unanticipated
reactions. This incisive new study analyzes the proliferation of
legalization in the WTO and two vital aspects of its consequences. The
author illustrates the rise of legalization in the trade regime by
examining the pragmatic process of legalization and its consequences
in the field of anti-dumping. She particularly sketches the historical
development of legalization in the multilateral anti-dumping framework
by identifying significant events which illustrate the increased
obligation, greater precision, and stronger delegation in the regime.
She then explores the impact of international legalization on the
EU’s anti-dumping regime and China’s dispute settlement activities
in this area since the country’s relatively recent accession. She
demonstrates that, even after decades of legalization, domestic
anti-dumping investigations often fail to fulfill the expectations of
global legalists, and that the results of those investigations are not
always challengeable in the DSM. The author’s focus brilliantly
illuminates two features of the role of legalization played in the
development of the WTO system that are widely discussed: (1) the
correlation between legalization in GATT/WTO law and corresponding
changes in domestic policy-making, policy administration, and judicial
review; and (2) the impact of legalization on the utilization of the
DSM to settle disputes in particular subject areas. Concluding that
the evolution of the GATT/WTO system is an illustrative example of the
phenomenal rise of legalization in international organizations, the
book is a valuable contribution to the broader debate of
‘constitutionalization’ in the international economic law
literature. This is the first study to systematically analyze the rise
of legalization in the WTO and its impact on domestic systems in this
context. In its analysis of the discourse, dynamics, and effects of
legalization in the trade regime, and in its empirical examples, this
book will prove of great value to all professionals, legal or
otherwise, involved with international trade and the economics of
globalization.
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The Rise of Legalization in the Trade Regime and its Consequences
Produktdetaljer
ISBN
9789041155146
Publisert
2020
Utgiver
Kluwer Law International B.V.
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter