The World Trade Organization: Multiple dimensions of Global Administrative Law

Stewart, Richard B.; Badin, Michelle Ratton Sanchez

doi:10.1093/icon/mor051

Cited by 26 publications

(8 citation statements)

References 0 publications

Supporting

Mentioning

Contrasting

Unclassified

Order By: Relevance

“…The global space of modernity is represented by many different legal cultures, formed under the influence of global, national, economic, social, cultural and other factors [16][17][18][19]. The processes of globalization create difficult conditions for modern legal systems when elements of different legal cultures penetrate each other.…”

Section: Interaction Of Legal Cultures Of Different Types In the mentioning

confidence: 99%

Legal Culture and Human Rights System in the Era of Globalization

Tomyuk¹,

Shutaleva²,

Dyachkova³

et al. 2019

Proceedings of the Internation Conference on "Humanities and Social Sciences: Novations, Problems, Prospects" (HSSNPP 2019)

View full text Add to dashboard Cite

The paper is devoted to examining the impact of globalization processes on the formation and development of legal culture and human rights systems. The global space of modernity is represented by many different legal cultures, the formation of which is determined by national, economic, social, cultural factors. The processes of globalization lead to the need to harmonize different legal cultures with the principles of the universal legal order. It is shown that the conditions of globalization create both positive and negative trends in the development of international law. On the one hand, the consolidation of uniform standards in the field of human rights in international law creates a tendency to increase the level of guarantee and protection of fundamental human rights and freedoms. On the other hand, the degree of autonomy of the functioning and development of national legal systems is reduced, which leads to unevenness and varying degrees of the willingness of individual states to implement uniform standards in the field of international law.

show abstract

Section: Interaction Of Legal Cultures Of Different Types In the mentioning

confidence: 99%

Legal Culture and Human Rights System in the Era of Globalization

Tomyuk¹,

Shutaleva²,

Dyachkova³

et al. 2019

Proceedings of the Internation Conference on "Humanities and Social Sciences: Novations, Problems, Prospects" (HSSNPP 2019)

View full text Add to dashboard Cite

show abstract

“…"This provision basically requires the rule of law in trade regulation: transparency of trade measures, uniform and impartial administration, and review. Interestingly, it was originally proposed by the US Government and drew clear inspiration from the 1946 US Administrative Procedure Act" (Stewart & Badin, 2011).…”

Section: Customs and Border Formalities: The Issue Of Good Governancementioning

confidence: 99%

The modern trends of the foreign trade policy implementation: implications for customs regulations

Kormych¹

2018

View full text Add to dashboard Cite

The paper analyses basic transformation tendencies in the international trade policy standards generated within frameworks of global and regional institution and their influence upon customs and border formalities. The transformation of standards is also supplemented with crucial changes in a rule-making process, that conventionally has been an exclusive competence of national states. That rule-making changes are characterised by transferring the significant amount of competence from the national states to the global and supranational level, as well as by introduction new types of rule-making actors (both public and private) and new types of law sources. This urges us to apply to the analyses the concepts of global governance, transnational law and global administrative law, which focus on the above-mentioned transformations in the field. Customs authorities now are experiencing the transition of their initial mission from merely revenue collectors to actors responsible for extensive range of tasks, including safety and security issues, trade facilitation, joint border management, etc. All these tasks should 28 be performed at the high level of harmonisation, unification and standardization with recognised international and regional rules and regulations. Due to the specifics of the new mission of customs authorities, the paper primary focuses on two relatively new tasks of security and trade facilitation. And also paper discuses two basic modern instruments to implement such tasks-the operation of Single Window for international trade and the application of good governance principles to customs routine opera tions. The essential point is that two instruments are not focused merely on improving the way customs and border formalities are performed by authorities, but also starve the whole system of border management into comprehensive reform of both interagency and intra-agency procedures and operations. The Single Window facility provides such reform through joint application of information technology based on internationally approved standards. The WTO rules for good governance for application of customs legislation in fact demands from member states to share common values and principles, originally emerged within legal systems of western developed countries.

show abstract

“…In contrast, we can easily ask whether members hold each other to account for their mutual obligations, including the obligation to apply certain administrative law standards in domestic trade‐related governance (Stewart and Sanchez Badin, ). Indeed, much of the work of the formal dispute settlement system is effectively judicial review of administrative action in the implementation of trade‐remedy measures (antidumping, countervail and safeguards).…”

Section: Who Is Accountable At the Wto?mentioning

confidence: 99%

“…The problem is familiar in the literature on multilateral environmental agreements (MEAs), where it is seen as a problem of regime interaction (Oberthür and Stokke, ). The WTO and MEAs do not necessarily communicate directly, nor do they engage the same officials in capitals, but they increasingly seek to limit the negative externalities of obligations in one organization for obligations in another, a form of accountability that featured in the mandate of the Doha Development Agenda (Stewart and Sanchez Badin, ; WTO, ). One can imagine the accountability problem where a potential trade issue involves other international organizations with different members, different sets of mutual accountabilities and different decision‐making procedures.…”

Section: Who Is Accountable At the Wto?mentioning

confidence: 99%

An Anatomy of Accountability at the WTO

Wolfe

2014

Global Policy

View full text Add to dashboard Cite

Accountability is fundamental to democratic governance and good administration, but its multiple meanings and claimants challenge international organizations. Who is accountable implies who can be accountable, and the matters for which some process exists to hold them accountable through some effect on their behavior. The answers to those questions in the World Trade Organization (WTO) will differ depending on who is asking and on the values to be promoted, from international order, procedural fairness, prosperity and justice to sustainable development. An anatomy of accountability in the WTO finds many possible 'accountability regimes', illuminating the tension between vertical and horizontal accountability (domestic responsiveness and international obligation) and the challenge in choosing among horizontal accountability regimes (promise keeping by members): efforts to satisfy any one accountability claim can make achieving the others more difficult. Policy Implications• International organizations such as the WTO face a choice between horizontal accountability for international obligations and vertical democratic responsiveness.• Institutional designers must choose among differing conceptions of the purposes for which organizations ought to be accountable, because the processes through which such accountability can be pursued will not be identical.

show abstract

The World Trade Organization: Multiple dimensions of Global Administrative Law

Cited by 26 publications

References 0 publications

Legal Culture and Human Rights System in the Era of Globalization

Legal Culture and Human Rights System in the Era of Globalization

The modern trends of the foreign trade policy implementation: implications for customs regulations

An Anatomy of Accountability at the WTO

Contact Info

Product

Resources

About