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13 - Trade’s Experimental Compliance Mechanisms

from Part III - New Issue Areas and Dispute Settlement

Published online by Cambridge University Press:  07 August 2021

Manfred Elsig
Affiliation:
Universität Bern, Switzerland
Rodrigo Polanco
Affiliation:
Universität Bern, Switzerland
Peter van den Bossche
Affiliation:
Universität Bern, Switzerland
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Summary

Commentators have heralded the widespread agreement among states to permit the monitoring and enforcement of trade rules through third-party dispute settlement as a major milestone not just in the development of international trade law but in the development of international law more generally. The creation of multilateral rules on trade was itself an achievement but the compliance methodology that sought to ensure that states would uphold their commitments was an even greater triumph for a rule-based international system. In light of this accomplishment by governments to agree to such terms, much of the literature of the 1990s praised the institutionalization of trade law with these mechanisms incorporated and subsequent developments in international trade dispute settlement design (Jackson 1997; Schott 1994; Steger and Hainsworth 1998; Thomas and Meyer 1997). At the forefront of these developments was the dispute settlement mechanism of the World Trade Organization (WTO). Scholars viewed the WTO as a model not only in the substance of its foundational agreements, but also in its institutions with committees for dialogue among members and a dispute settlement mechanism premised on democratic norms and the rule of law (Alford 2013; Hamilton and Rochwerger 2005; Katz 2016; Manak 2019; Sarooshi 2014).

Type
Chapter
Information
International Economic Dispute Settlement
Demise or Transformation?
, pp. 350 - 370
Publisher: Cambridge University Press
Print publication year: 2021

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References

Alford, R. 2013. “The Convergence of International Trade and Investment Arbitration,” Santa Clara International Law Journal 12: 3563.Google Scholar
Anderson, S. and Claussen, K. 2019. “The Legal Authority Behind Trump’s New Tariffs on Mexico,” Lawfare, June 3, 2019, www.lawfareblog.com/legal-authority-behind-trumps-new-tariffs-mexico.Google Scholar
Ben-Shahar, O. and Bradford, A. 2013. “Reversible Rewards,” American Law & Economics Review 15(1): 156–86.CrossRefGoogle Scholar
Bronckers, M. and Gruni, G. 2019. “Improving the Enforcement of Labour Standards in the EU’s Free Trade Agreements.” In Prévost, D., Alexovičová, I. and Pohl, J. H. (Eds.), Restoring Trust in Trade: Liber Amicorum in Honour of Peter Van den Bossche Oxford: Hart Publishing, pp. 157–72.Google Scholar
Chayes, A. and Chayes, A. 1995. The New Sovereignty: Compliance with International Regulatory Agreements. Cambridge, MA: Harvard University Press.CrossRefGoogle Scholar
Claussen, K. 2018. “Separation of Trade Law Powers,” Yale Journal of International Law 43(2): 315–53.Google Scholar
Claussen, K. 2020. “Reimagining Trade-plus Compliance: The Labor Story,” Journal of International Economic Law 23(1): 2543.Google Scholar
Curi, M. 2019. “Neal: USTR ‘Favorably’ Received USMCA Working Group’s Counterproposal,” Inside U.S. Trade.Google Scholar
Gruni, G. 2020. “The Unsustainable Lightness of Enforcement Procedures: Environmental Standards in the EU-Mercosur FTA,” blogdroiteuropéen.com (May 13, 2020), https://blogdroiteuropeen.com/2020/05/13/the-unsustainable-lightness-of-enforcement-procedures-environmental-standards-in-the-eu-mercosur-fta-by-giovanni-gruni/.Google Scholar
Hamilton, C. and Rochwerger, P. 2005. “Trade and Investment: Foreign Direct Investment Through Bilateral and Multilateral Treaties,” New York International Law Review 18(1): 160.Google Scholar
Jackson, J. 1997. The World Trading System, 2nd edition, Cambridge, MA: MIT Press.Google Scholar
Katz, R. 2016. “Modeling an International Investment Court After the World Trade Organization Dispute Settlement Body,” Harvard Negotiation and Law Review 22: 163–88.Google Scholar
Kolben, K. 2004. “Trade, Monitoring, and the ILO: Working to Improve Conditions in Cambodia’s Garment Factories,” Yale Human Rights and Development Law Journal 7(1): 79107.Google Scholar
Krist, W. 2013. Globalization and America’s Trade Agreements. Washington DC: Woodrow Wilson Center Press with Johns Hopkins University Press.Google Scholar
Manak, I. 2019. “Enforcing International Trade Law in the World Trade Organization’s Committees: Courting Third Party Opinion,” A Dissertation submitted to the Faculty of the Graduate School of Arts and Sciences of Georgetown University in partial fulfillment of the requirements for the degree of Doctor of Philosophy in Government, https://repository.library.georgetown.edu/bitstream/handle/10822/1057304/Manak_georgetown_0076D_14424.pdf?sequence=1&isAllowed=y.Google Scholar
Office of the U.S. Trade Representative 2019a. USTR Requests First-Ever Environment Consultations Under the U.S.-Peru Trade Promotion Agreement (PTPA), January 4, 2019, https://ustr.gov/about-us/policy-offices/press-office/press-releases/2019/january/ustr-requests-first-ever. Accessed January 20, 2020.Google Scholar
Office of the U.S. Trade Representative 2019b. USTR Successfully Resolves Concerns Raised in First-Ever Environment Consultations Under the U.S.-Peru Trade Promotion Agreement (PTPA), April 9, 2019, https://ustr.gov/about-us/policy-offices/press-office/press-releases/2018/april/ustr-successfully-resolves-concerns. Accessed January 20, 2020.Google Scholar
Office of the U.S. Trade Representative 2019c. USTR Announces Enforcement Action to Block Illegal Timber Imports from Peru, https://ustr.gov/about-us/policy-offices/press-office/press-releases/2019/july/ustr-announces-enforcement-action. Accessed January 20, 2020.Google Scholar
Sarooshi, D. 2014. “Investment Treaty Arbitration and the World Trade Organization: What Role for Systemic Values in the Resolution of International Economic Disputes?Texas International Law Journal 49(3): 445–68.Google Scholar
Schott, J. 1994. The Uruguay Round: An Assessment, Peterson Institute for International Economics.Google Scholar
Steger, D. and Hainsworth, S. 1998. “World Trade Organization Dispute Settlement: The First Three Years,” Journal of International Economic Law 1(2): 199226.CrossRefGoogle Scholar
Thomas, J. and Meyer, M. 1997. The New Rules of Global Trade: A Guide to the World Trade Organization, Toronto: Carswell Legal Pubns.Google Scholar
U.S. Department of Labor 2015. US and Honduras Sign Landmark Labor Rights Agreement, December 9, 2015, www.dol.gov/newsroom/releases/ilab/ilab20151209. Accessed January 20, 2020.Google Scholar
U.S. Food and Drug Administration 2017. Foreign Food Facility Inspection Program, November 28, 2017, www.fda.gov/food/food-inspection-programs/foreign-food-facility-inspection-program. Accessed January 20, 2020.Google Scholar

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