The World Trade Organization 20 Years On: Global Governance by Judiciary

Howse, Robert

doi:10.1093/ejil/chw011

Cited by 126 publications

(43 citation statements)

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“…Its core participants constitute a comparatively small and cohesive “interpretive community” (Waibel 2015), made up of Appellate Body members, panelists, the WTO Secretariat staff, trade lawyers working for states or private law firms, and scholars of WTO law. The core activities of this community are the formal litigation and adjudication of actual disputes, attempts to “predict” how the Appellate Body would decide a particular case, and the use of normatively motivated reconstructions of WTO law to justify general principles for the resolution of recurring interpretive questions (Howse 2016; Shaffer et al 2017). Legal positivist analysis holds substantial authority in this interpretive community, and WTO law is widely perceived as ideal‐typical “hard law” (Abbott and Snidal 2000).…”

Section: The Social Construction Of “Legally Available” Policy Spacementioning

confidence: 99%

Interpreters of International Economic Law: Corporations and Bureaucrats in Contest over Chile's Nutrition Label

Dorlach¹,

Mertenskötter²

2020

Law Soc Rev

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This article analyzes the everyday interpretive practices of corporations and bureaucrats that shape the meaning and force of international economic law. To understand how common practices such as public consultation submissions, corporate threat letters, and external legal assistance influence regulators' understanding of their “legally available” policy space, we study the contested introduction of a pioneering nutrition labeling regulation in Chile. The transnational food industry powerfully challenged the regulation's legality under World Trade Organization law. But Chilean health bureaucrats, in coordination with segments of the country's legally highly competent economic bureaucracy, effectively defended the legality of their proposed regulatory measure. Drawing on data from freedom‐of‐information requests and in‐depth interviews, the article argues that the outcomes of such interpretive contests are substantially shaped by participants' knowledge of the entitlements created by international economic law and thus by the international legal expertise they have access to. This often but not always puts transnational corporations at an advantage over national regulators in the strategic interpretation of international economic law.

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Section: The Social Construction Of “Legally Available” Policy Spacementioning

confidence: 99%

Interpreters of International Economic Law: Corporations and Bureaucrats in Contest over Chile's Nutrition Label

Dorlach¹,

Mertenskötter²

2020

Law Soc Rev

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“…The WTO now shows more deference to members' objectives regarding trade impact concerns, including the environment and animal welfare. 36 US -Shrimp diverged from the earlier ruling in US -Tuna by stating that extraterritoriality, conditioning market access upon the exporting country adopting a particular policy is probably a common feature of measures that fall within the scope of the Article XX GATT exceptions. 37 Thus, WTO members are not barred per se from restricting trade in order to pursue environmental protection.…”

Section: Prioritizing Free Trade Over Trade Impact Concernsmentioning

confidence: 99%

Animals and the Impact of Trade Law and Policy: A Global Animal Law Question

Offor¹

2020

TEL

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AbstractThere is a critical research gap regarding the trade and animal welfare interface: we do not know, empirically, what the impact of trade on animal welfare is. This gap exists, in part, as a result of the paternalism of international trade law and the underdevelopment of global animal law. This article addresses, firstly, the collision of dichotomous trade and animal welfare priorities in legal and political systems. It then explores attempts at reconciliation by the World Trade Organization and the European Union. This involves an investigation of the impact of trade on animal welfare. This impact is categorized into four component parts: (i) open markets, (ii) low animal-welfare havens, (iii) a chilling effect, and (iv) lack of labelling. Case studies from the European Union are examined. Thirdly, the article critiques trade law and policy as ill-suited primary drivers of global governance for animals. Global animal law is identified as a promising alternative, although its early development has been unduly affected by international trade law.

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“…2.1 -2.23. 31 On the background of this appointment crisis, see Shaffer/Elsig/Puig (2016), p. 271; Howse (2014), pp. 71 -72; Sacerdoti (2015), p. 5; and Bhala/Gantz/Keating/Simoes (2014), pp.…”

Section: Appointments To Thementioning

confidence: 99%

Crisis at the WTO: Is the Blocking of Appointments to the WTO Appellate Body by the United States Legally Justified?

Lehne¹

2019

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The World Trade Organization 20 Years On: Global Governance by Judiciary

Cited by 126 publications

References 0 publications

Interpreters of International Economic Law: Corporations and Bureaucrats in Contest over Chile's Nutrition Label

Interpreters of International Economic Law: Corporations and Bureaucrats in Contest over Chile's Nutrition Label

Animals and the Impact of Trade Law and Policy: A Global Animal Law Question

Crisis at the WTO: Is the Blocking of Appointments to the WTO Appellate Body by the United States Legally Justified?

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