New directions in international economic law : essays in honour of John H. Jackson

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New directions in international economic law : essays in honour of John H. Jackson

edited by Marco Bronckers and Reinhard Quick

Kluwer Law International, c2000

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注記

Includes bibliographical references (p. [571]-582) and index

内容説明・目次

内容説明

This volume was occasioned by the 30-year anniversary of the appearance of Professor John H. Jackson's remarkable book, "World Trade and the Law of GATT", which pioneered the new academic discipline of international trade law. Professor Jackson's approach has been unique in its emphasis on a multidisciplinary approach, which places the subject in its proper context - by examining international trade law not only in relation to economic considerations but by broadening it to include wider societal concerns such as environmental, national security, human rights, and labour standards issues. Accordingly this book, in Professor Jackson's honour, reflects his role as a forerunner of the law of globalization, addressing in particular the links between trade law and public international law, and the connections between trade and other societal concerns. The book is divided into five sections, dealing with: constitutional issues; substantive issues for the WTO; dispute settlement in the context of the WTO; new subjects relating to the WTO system including trade and labour; trade and competition, trade and investment, bribery and corruption, and domestic issues for WTO member countries. After a long and distinguished career at the Law School of the University of Michigan, Professor Jackson joined the faculty of Georgetown University in 1998, as University Professor.

目次

  • Introduction. Part I: Constitutional Issues. 1. Reflections on Democracy in the European Union
  • E. Stein. 2. Distributed Governance at the WTO-WIPO: An Evolving Model for Open-Architecture Integrated Governance
  • F.M. Abbott. 3. `Subsidiarity' in the WTO Context From A Legal Perspective
  • J.H.J. Bourgeois. 4. Good Faith and the Protection of Legitimate Expectations in the WTO
  • T. Cottier, K.N. Schefer. 5. The Economics of Government Market Intervention, and its International Dimension
  • A.V. Deardorff. 6. We The People: Civil Society in The World Trade Organization
  • D.C. Esty. 7. The Challenge of Enhancing Global Security Through Multilateral Legal Architecture
  • E.J. Krauland. 8. The WTO Constitution and the Millennium Round
  • E.-U. Petersmann. 9. The World Trade Organization: A New Constitution for the Trading System
  • D.P. Steger. 10. The Relationship of WTO Obligations to Other International Arrangements
  • D.K. Tarullo. Part II: WTO: Substantive Issues. 11. John Jackson and the Development of GATT/WTO Subsidy Rules
  • G.N. Horlick. 12. The Product-Process Doctrine in GATT/WTO Jurisprudence
  • R.E. Hudec. 13. GATT Article XX and the WTO Appellate Body
  • D.M. McRae. 14. The Community's Regulation on Leg-hold Traps: Creative Unilateralism Made Compatible with WTO Law Through Bilateral Negotiations?
  • R. Quick. 15. Anti-Dumping in the Second Millennium: The need to revise basic concepts
  • E. Vermulst. Part III: WTO: Dispute Settlement. 16. Mercosur's Fragile Dispute Resolution System at Work: First Decision Ever Made By An `Arbitration Panel' In A Dispute Arising Among Sovereign Parties
  • E.J. Cardenas. 17. WTO Dispute Settlement: Segragating the Useful Political Aspects and Avoiding `Over-legalization'
  • W.J. Davey. 18. The Appellate Body and the Facts
  • P.J. Kuyper. 19. The Institutional Balance Between the Judicial and the Political Organs of the WTO
  • F. Roessler. 20. The Remedy for Breach of Obligations Under the WTO Dispute Settlement Understanding: Damages or Specific Performance?
  • A.O. Sykes. Part IV: WTO: New Subjects. 21. Anti-Competitive Practices in the WTO: The Elusive Search For New World Trade Rules
  • J.-F. Bellis. 22. The WTO Reference Paper on Telecommunications: A Model for WTO Compeltition Law?
  • M. Bronckers. 23. Bringing Investment to the Aegis of the Multilateral Trading System: Steps Taken in the Context of the FTAA Negotiating Group on Investment
  • R. Echandi. 24. Competition Policy in a Global Economy -- Today and Tomorrow
  • R. Pitofsky. 25. Labour Standards and Trade
  • R.M. Stern. 26. A Normal Business Practice Becomes A Criminal Offence
  • P. Van den Bossche. Part V: Domestic Issues. 27. Strengthening Compliance with Trade Law: Insights from Environment
  • E. Brown Weiss. 28. WTO Dispute Settlement and Japan
  • Y. Iwasawa. 29. Some Reflections on the Implementation of WTO Rules in the European Community Legal Order
  • J.V. Louis. 30. Interpretations of International Agreements by National Courts: An EC View
  • R.H. Lauwaars. 31. U.S. States, Sub-Federal Rules, and the World Trading System
  • M. Schaefer. 32. Economic Sanctions and International Security: The Role of the European Court of Justice
  • F.G. Jacobs. 33. Application of the Japanese Antimonopoly Law to International Transactions
  • M. Matsushita. Bibliography of Professor John H. Jackson.

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