A History of Law and Lawyers in the GATT/WTO: The Development of the Rule of Law in the Multilateral Trading System

Name: A History of Law and Lawyers in the GATT/WTO: The Development of the Rule of Law in the Multilateral Trading System
Brand: Cambridge University Press
SKU: 9781107085237
Price: 1853.67 HKD
Availability: InStock
Author: Gabrielle Z. Marceau
ISBN: 9781107085237

By Gabrielle Z. Marceau

Cambridge University Press May 2015

Specifications

ISBN-13: 9781107085237
Publisher: Cambridge University Press
Publication: May 2015
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

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Paperback

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How did a treaty that emerged in the aftermath of the Second World War and which barely survived its early years evolve into one of the most influential organizations in international law?

This unique book brings together original contributions from an unprecedented number of eminent current and former GATT and WTO staff members, including many current and former Appellate Body members, to trace the history of law and lawyers in the GATT/WTO and explore how the nature of legal work has changed over the institution's sixty-year history.

In doing so, it paints a fascinating portrait of the development of the rule of law in the multilateral trading system, and allows some of the most important names in GATT and WTO history to share their stories and reflect on the WTO's remarkable journey from a 'provisionally applied treaty' to an international organization defined by its commitment to the rule of law.

1. Introduction and overview

2. Moving towards an international rule of law? The role of the GATT and the WTO in its development

Part I. The Role of Law and Lawyers in the GATT System: 1948-92: Infancy: Reflections on the Origins of Legalization in the GATT:

3. We were young together: at the GATT, 1956-58

4. Law and lawyers in the multilateral trading system: back to the future

5. Towards a GATT legal office

6. A short history of the rules division

Childhood: the Tokyo Round and the establishment and work of the first legal office: 7. Remembrance of things past: my time at the GATT

8. The first years of the GATT legal service

9. Early dispute settlement in the GATT

10. GATT dispute settlement practices: setting the stage for reform

11. The role of law in international trade relations and the establishment of the Legal Affairs Division of the GATT

12. From the GATT to the WTO: a personal journey

13. The establishment of a GATT Office of Legal Affairs and the limits of 'public reason' in the GATT/WTO dispute settlement system

14. Evolving dispute settlement practice with respect to anti-dumping in the late 1980s and early 1990s

Part II. Legal Work After the Entry into Force of the WTO: 1993-95: Adolescence: Transition from the GATT to the WTO:

15. The Legal Affairs Division and law in the Uruguay Round and the GATT

16. Taking care of business: the Legal Affairs Division from the GATT to the WTO

17. From the GATT to the WTO: the expanding duties of the Legal Affairs Division in non-panel matters

18. The WTO Dispute Settlement Body: procedural aspects of its operation

Young adult: the WTO as a formal international organisation: 19. Making law in 'new' WTO subject areas: competition policy and government procurement

20. The meat in the sandwich

21. From theory to practice: drafting and applying the Dispute Settlement Understanding (DSU)

22. WTO panel composition: searching far and wide for administrators of world trade justice

23. Legal counsel to the administration: a legal adviser who should not look like one

24. Outside looking in, after many years on the inside looking out

Part III. The Changing Legal Character of the Multilateral Trading System: 1996 to Today: Adulthood: The Quasi-Judicialization of the Panel Process by the Rules and Legal Affairs Divisions:

25. The first years of WTO dispute settlement: dealing with controversy and building confidence

26. From Seattle to Doha: from the surreal to the unreal. A personal account

27. Extending the scope and strengthening the legitimacy of WTO dispute settlement and some personal recollections Bruce Wilson

28. Working in WTO dispute settlement: pride without prejudice

29. The meaning of everything: the origin and evolution of the GATT and the WTO analytical index

30. When science meets law: the rule of law in the development of the panel's expert consultation process

Gaining maturity: the appellate body and the impact of the appellate review on the development of international trade law: 31. The founding of the appellate body

32. The authority of an institution: the appellate body under review

33. Launching the appellate body

34. Revisiting the appellate body: the first six years

35. Not in clinical isolation

36. The appellate body in its formative years: a personal perspective

37. Reflections on the functioning of the appellate body

38. A country boy goes to Geneva

39. Contribution of the WTO appellate body to treaty interpretation

Part IV. Looking Ahead: New Challenges and Opportunities:

40. Advising the Director-General: brevity is the soul of wit, even for a lawyer

41. The Legal Affairs Division at thirty and beyond

42. Will the increased workload of WTO panels and the appellate body change how WTO disputes are adjudicated?