Development at the WTO 1st Edition by Sonia Rolland – Ebook PDF Instant Download/Delivery: 9780199682270, 0199682275
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ISBN 10: 0199682275
ISBN 13: 9780199682270
Author: Sonia E. Rolland
Seeking to open paths for reconsidering the trade and development relationship at the WTO, this book takes into account both the heritage of the trade regime and its present dynamics. It argues that the institutional processes for creating and implementing trade rules at the WTO and the actual regulatory outcomes are inseparable. A consideration of the WTO’s development dimension must examine both jointly. It shows that the shortcomings of the Doha Development Round are in part due to a failure to assess trade rules as part of the legal processes and institutions that produced them. This book devotes significant analysis to the systemic impact of the WTO as an institution on developing and least developed members. From a pragmatic perspective, it provides a coherent and systematic analysis of the legal meaning, the implementation, and the adjudication of special and differential treatment rules for developing members. It then evaluates the different regulatory approaches to trade and development from a more theoretical perspective. The book finishes by presenting a range of proposals for a better balance between trade liberalization and the development needs of many WTO members.
Table of contents:
I Development and its Institutions in International Economic Law: Who Decides What Developmentmeans?
1 The Multiple Meanings of Development
1. Development Economics Theories: From Political Economy to Microeconomy
2. Integrated Perspectives on Human Development: Rights-based Approaches
3. “Law and Development” Perspectives
4. Conclusion
2 The Contribution of International Organizations to Development Policy-Making
1. The Colonial Heritage for Development Instruments
2. The United Nations: Public International Law Approaches to Development
3. The Bretton Woods Institutions: From International Reconstruction to Domestic Restructuring
4. Institutional Arrangements and Development Ethos in South–South Economic Organizations
5. Conclusion
II Framing Development at the Gatt and WTO
3 The Trade and Development Relationship during the GATT Years and the Genesis of the WTO
1. The Trade and Development Component of the ITO and the GATT’s First Steps
2. The UNCTAD Legacy for the GATT
3. The Expansion of GATT Subject Matters
4. Towards a Free Trade Consensus? The Context of the Uruguay Round
5. Conclusion
4 “Developing Member” and Least- Developed Country Status at the GATT and WTO: Self- Designation versus the Politics of Accession
1. The Traditional Practice: “Developing Country” Self- Designation and LDC Status
2. Restricting “Developing Country” and LDC Benefits through Accessions
3. Conclusion
5 From the Uruguay Round to the Doha Round: Changing Dynamics in Developing Countries’ Participation
1. The Singapore Ministerial Meeting: Understanding the Importance of Agenda- setting
2. The Seattle Ministerial Meeting: Fighting for Participation
3. The Doha Round: Shaping the Negotiations
4. Conclusion
III Understanding and Contextua Lizing WTO Development Provisions
6 Special and Differential Treatment in the WTO Agreements: A Legal Analysis
1. A Substantive Overview of SDT in the WTO Agreements
2. Trends in Legal Drafting of SDT Provisions: Towards a Reinterpretation
3. SDT: What Use by Developing Members?
4. Conclusion
7 Invoking Development in Dispute Settlement
1. A Brief Overview of Developing Country Practice in Dispute Settlement at the GATT and WTO
2. Development Arguments in Disputes
3. Development in Disputes Regarding Implementation of Panel and AB Reports
4. Beyond SDT in Litigation: “Interpreting WTO Agreements for the Development Objective?”
5. Conclusion
8 Reconsidering Special and Differential Treatment in the Global Context
1. Special and Differential Treatment in Trade and Non-trade Treaties
2. Adjudicating Development in International Courts and Tribunals
3. Conclusion
9 Institutional Processes: What Impact on Developing Members?
1. Decision-Making Procedures: What Representation for Developing Members?
2. The Negotiation Process: Creating or Hindering Opportunities for Developing Members?
3. The WTO as an Administration: What Impact on Developing Country Participation?
4. Conclusion
IV Rethinking the Trade and Development Relationship at the WTO
10 The Doha Round: Chronicle of a Death Foretold?
1. Proposed Amendments Expounding the Meaning of Existing SDT Provisions
2. Proposals to Create New SDT Clauses
3. Proposals on Transitional Periods
4. Proposals to Reinforce SDT Provisions’ Obligatory Value
5. Doha’s Achievements and Shortcomings
6. Conclusion
11 Strategic Challenges to Integrating Development at the WTO
1. What is Development at the WTO?
2. Special and Differential Treatment versus Mainstreaming Development
3. Multilateralism versus Regionalism and Bilateralism
4. Looking Beyond the WTO? “The WTO is not a Development Agency”
5. Conclusion
12 Towards Development- Oriented Rules at the WTO: Some Proposals
1. Exceptions and Derogations Revisited
2. One Size Does Not Fit All: General Differentiation at the WTO?
3. Rationalizing the Role of Development in Dispute Settlement
4. Moving Away from All- or- Nothing Negotiations
5. Systemic Issues: Empowering Groups of Developing Countries at the Institutional Level
6. Conclusion
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