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Full-Text Articles in Law
Trans-Parliamentary Associations In Global Functional Agencies, Steve Charnovitz
Trans-Parliamentary Associations In Global Functional Agencies, Steve Charnovitz
GW Law Faculty Publications & Other Works
This article examines a new phenomenon, transparliamentary activism that focuses on particular international issues or international organizations. For example, the Parliamentary Conference on the World Bank. Such parliamentary organizing has a political significance beyond the usual transnational NGO activities because parliamentarians are elected officials. The transparliamentary activism discussed here differs from the traditional interparliamentary association going back over a hundred years. The article discusses the recent developments in the World Trade Organization and the World Bank.
The Law Of Environmental 'Ppms' In The Wto: Debunking The Myth Of Illegality, Steve Charnovitz
The Law Of Environmental 'Ppms' In The Wto: Debunking The Myth Of Illegality, Steve Charnovitz
GW Law Faculty Publications & Other Works
This Article explains and appraises the WTO law of Processes and Production Methods (“PPMs”). A better understanding of the law and of how PPMs operate can help governments and stakeholders improve the management of outwardly directed PPMs. Governments presently have divergent views about WTO rules. These diverging views have led to an inside-out debate from which a political consensus cannot easily emerge. This Article examines the relevant WTO case law on the issue of PPMs and concludes that PPMs are, contrary to some commentators, not prohibited by the WTO. Finally, the Article shows how a correct legal reading may enable …
The Legal Status Of The Doha Declarations, Steve Charnovitz
The Legal Status Of The Doha Declarations, Steve Charnovitz
GW Law Faculty Publications & Other Works
This Article evaluates the uncertain legal status of two ministerial declarations approved at the Doha Conference. The Article proceeds by explaining the broad meaning and purpose of ministerial declarations, as well as the specific implications of the Doha Declarations. I conclude that the Doha Declarations may be considered either (1) the political statements or moral commitments of trade ministers or (2) as part of the constitutive process of decision-making by the WTO organization. Under the first view, the WTO Declarations are analogous to G-7 Declarations or the Malmö Declaration of environmental ministers. Under the second view, the Ministerial Conference can …
Triangulating The World Trade Organization, Steve Charnovitz
Triangulating The World Trade Organization, Steve Charnovitz
GW Law Faculty Publications & Other Works
This Article presents an analytic method for considering proposals to expand the scope of the WTO. In doing so, the Article organizes competing ideas concerning the rationale for the WTO and shows how varying assumptions can lead to different conclusions on the proper content of international trade law. This Article seeks to advance the debate by comparing these assumptions and also considering the key literature about trade linkage. The Article proceeds in three parts. Part I shows why the purpose of the WTO is not self-evident and how a framework can be useful for improving the debate about the organization's …