From Politics to Technocracy—and Back Again: The Fate of the Multilateral Trading Regime

Abstract

As is known to every student of trade law and policy, the modern idea of free trade originates from the theories of absolute and comparative advantage developed by the classical political economists, Adam Smith and David Ricardo. Smith and Ricardo both addressed themselves to a sovereign unilaterally deciding its trade policy. They concluded that, with some qualifications or exceptions, a policy of liberalizing restrictions on imports would maximize the wealth of that sovereign.

Reforming WTO-Civil Society Engagement

“…Through meaningful engagement with civil society, the secretariat could widen policy debates and encourage the expression of multiple and critical views, even those that challenge prevailing trade orthodoxy. All too often, those who deviate from dominant ways of thinking are silenced and accused of not understanding sufficiently the trade system (Eagleton-Pierce, 2012;Hopewell, 2016;Howse, 2002;Wilkinson, 2014). Claims to expertise, exclusionary language, and entrenched metaphors serve to limit debate and police the boundaries of who can contribute to trade debates and who cannot (Hannah et al, 2015).…”

WTO Non‐Violation or Situation Complaints: A Remedy for Extraterritorial Effects on the Human Right to an Adequate Standard of Living

“…29 In the final analysis, politically contentious 'trade and' issues are always part of the project of trade liberalisation. 30 All actors involved ought thus to face up to their global responsibility. For the right to an adequate standard of living and continuous improvement of living conditions, the legal text already acknowledges such responsibility and makes available a remedy when trade in goods puts it at risk.…”

Reconceptualizing Law and Politics in the Transnational Constitutional and Legal Pluralist Approaches

“…(Perez, 2003) This approach is a relatively common argument advanced by those who seek to keep pluralist politics 'out' of the WTO, for example. (Howse, 2002) But even constitutionally pluralist approaches that seek to integrate the accommodation of political pluralism directly into transnational law and institutions frequently invoke a centrist, rather than pluralist, conception of law. An example is found in the approach adopted by de Burca and Walker, (2003) in their role as editors of a collection of essays on the topic of 'Law, Civil Society and Transnational Economic Governance".…”