Transatlantic Economic Disputes

The EU, the US, and the WTO

AvErnst-Ulrich Petersmann,Mark A. Pollack

Inbunden, Engelska, 2003

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Beskrivning

Recent transatlantic relations have been plagued by a seemingly endlessseries of disputes over trade and other economic and political interests.Some of these disputes have been amongst the most prominent of the WTO era:the Bananas Case, the Beef Hormones Case and over the application of theHelms-Burton Act. This book analyzes the source of transatlantic disputes, the meansemployed to prevent and settle such disputes both bilaterally and throughthe dispute settlement mechanism of the of the WTO, and to identifypromising areas for reform.This book begins with a survey of transatlantic governance and disputesettlement problems. Part II analyzes 14 case-studies of transatlanticeconomic and regulatory disputes written by leading EU and US experts. Theanalytical papers in Part III examine the disputes in the broader context oflegal, economic and political theories of dispute prevention and disputesettlement. Part IV offers policy recommendations from EU and USpolicy-makers and academics. Most of the more than 20 contributors concludethat joint EU-US leadership in multilateral institutions (e.g. for tradeliberalization, dispute prevention and dispute settlement in the WTO) offersadvantages over bilateral approaches. By contrast, a potentialtransatlantic free-trade association (TAFTA) remains a second-best approachwhich might not prevent many of the transatlantic disputes over internaltrade-related domestic policies. Transatlantic initiatives e.g. forregulatory cooperation and citizen-oriented institutional reforms can,however, serve as precedents for multilateral reforms (e.g. of WTO rules).

Produktinformation

Utgivningsdatum:2003-12-04
Mått:165 x 241 x 37 mm
Vikt:1 010 g
Format:Inbunden
Språk:Engelska
Serie:International Economic Law Series
Antal sidor:626
Förlag:OUP OXFORD
ISBN:9780199261727

Utforska kategorier

Internationell ekonomi inom Ekonomi och Ledarskap
Folkrätt inom Juridik
Komparativ rätt inom Juridik

Mer om författaren

Mark A. Pollack is an Associate Professor of Political Science at the University of Wisconsin, Madison, where he teaches classes in international relations and comparative European politics. He received his B.A. in political science from Rutgers University in 1988, and his Ph.D. from Harvard University in 1995, and he served for two years as Senior Research Fellow and Visiting Professor at the European University Institute in Florence, Italy. Ernst-Ulrich Petersmann is Professor of International and European Law at the European University Institute, Florence.

Recensioner i media

... impressive book ... an excellent addition to the international economic law series of Oxford University Press - a major contribution to the enhancement of the understanding of the interwoven and complex transatlantic relationship.

Innehållsförteckning

1. PREVENTION AND SETTLEMENT OF TRANSATLANTIC ECONOMIC DISPUTES: LEGAL STRATEGIES FOR EU/US LEADERSHIP ; 2. The Political Economy of Transatlantic Trade Disputes ; 3. MANIFESTLY ILLEGAL IMPORT RESTRICTIONS AND NON-COMPLIANCE WITH WTO DISPUTE SETTLEMENT RULINGS: LESSONS FROM THE BANANA DISPUTE ; 4. Safegueard, Anti-Dumping and Countervailing Duty Disputes in the Transatlantic Partnership: How to Control 'Contingency Protection' More Effectively ; 5. Industrial Subsidies: Tax Treatment of 'Foreign Sales Corporations' ; 6. Production and Export Subsidies in Agriculture: Lessons from GATT and WTO Disputes Involving the US and the EC ; 7. The Trade Disputes Concerning Health Policy Between the EC and the US ; 8. US-EU Disputes Over Technical Barriers to Trade and the 'Hushkits' Dispute ; 9. Internation Competition Policy Co-operation ; 10. Managing US-EU Trade Relations Through Mutual Recognition and Safe Harbour Agreements: 'New' and 'Global' Approaches to Transatlantic Economic Governance? ; 11. Lessons from the Dispute over the Massachusetts Act Regulating State Contracts with Companies Doing Business with Burma (Myanmar) ; 12. Avoidance and Settlement of 'High Policy Disputes': Lessons from the Dispute over 'The Cuban Liberty and Democratic Solidarity Act' ; 13. Strengthening the International Environmental Regime: A Transatlantic Perspective ; 14. Dispute Prevention and Dispute Settlement in Transatlantic Partnership - Telecoms, the WTO and the realization of the Global Information Society ; 15. North Atlantic Dispute Settlement for Air Transport ; 16. Dispute Prevention and Dispute Settlement in the Field of Intellectual Property Rights and Electronic Commerce: US - Section 211 Omnibus Appropriations Act 1998 ('Havana Club') ; 17. III Analytical Cross-Sectoral Studies ; 18. Transatlantic Trade Conflicts and GATT/WTO Dispute Settlement ; 19. Renegotiation in Transatlantic Trade Disputes ; 20. 'Early Warning System' for Dispute Prevention in the Transatlantic Partnership: Experiences and Prospects ; 21. Private Parties in the EC-US Dispute Settlement at the WTO: Toward Intermediate Domestic Effect ; 22. STRENGHTENING THE SINEWS OF PARTNERTSHIP: RESOLVING AND AVOIDING TRANSATLANTIC ECONOMIC CONFLICTS ; 23. Preventing and Settling Transatlantic Disputes: The EU, the US and the WTO ; 24. Policy Recommendations for Dispute Prevention and Dispute Settlement in Transatlantic Relations: Legal Perspectives ; 25. Practical Recommendations for Policy Reforms in Order to Prevent and Settle US-EU Trade and Economic Disputes ; 26. Preventing and Settling Transatlantic Economic Disputes: Legal and Policy Recommendations from a Citizen Perspective ; 27. Managing System Friction: Regulatory Conflicts in Transatlantic Relations and the WTO