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Using Framework Statutes To Facilitate U.S. Treatymaking, Steve Charnovitz
Using Framework Statutes To Facilitate U.S. Treatymaking, Steve Charnovitz
GW Law Faculty Publications & Other Works
This paper examines the two tracks used by the United States to negotiate and approve international treaties - (1) the traditional treaty process requiring Senate consent by a two-thirds vote and (2) the newer fast track process used for trade agreements, requiring Congressional passage of a law to approve and implement the agreement. Several historical and current examples are used such as the Treaty of Versailles and the Kyoto Protocol on climate change. The paper explains why the latter process is superior in many ways, and asks whether it should be applied more broadly beyond the topic of trade. Three …
Transparency And Participation In The World Trade Organization, Steve Charnovitz
Transparency And Participation In The World Trade Organization, Steve Charnovitz
GW Law Faculty Publications & Other Works
This paper discusses the challenge of improving transparency and participation in the World Trade Organization (WTO). Part I explores the development in international trade law of the norm for transparency and participation at the national level. The analysis begins with Immanuel Kant and traces the history of the issue in trade through the League of Nations and then to the postwar trading system culminating in the WTO. Part II describes the WTO's practices regarding openness and public participation, and then criticizes the current limitations. Part III proposes several new steps for the WTO to take to promote transparency and participation. …