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From Sunshine To A Common Agent: The Evolving Understanding Of Transparency In The Wto, Petros C. Mavroidis, Robert Wolfe
From Sunshine To A Common Agent: The Evolving Understanding Of Transparency In The Wto, Petros C. Mavroidis, Robert Wolfe
Faculty Scholarship
Transparency obligations have undergone substantial transformations since the inception of the General Agreement on Tariffs and Trade (GATT) in 117 1947. From an obligation to publish general laws affecting trade, the system now includes peer review by governments (in the form of monitoring and surveillance) and efforts to inform the public. These accomplishments are remarkable, but much remains to be done. Originally designed for a handful of developed countries, the global trading system now must provide an expanded knowledge base that benefits 160 member states, millions of economic actors, and hundreds of millions of citizens with inadequate resources to acquire …
Competition Policy And Free Trade: Antitrust Provisions In Ptas, Anu Bradford, Tim Büthe
Competition Policy And Free Trade: Antitrust Provisions In Ptas, Anu Bradford, Tim Büthe
Faculty Scholarship
Trade agreements increasingly contain provisions concerning ‘behind-the-border’ barriers to trade, often beyond current World Trade Organization (WTO) commitments (Dur, Baccini and Elsig 2014). Today’s preferential trade agreements (PTAs) may include, for instance, rules regarding ‘technical’ barriers to trade that go beyond the WTO’s Agreement on Technical Barriers to Trade (TBT Agreement), accelerating the replacement of differing national product safety standards with common international standards and thus reducing the trade-inhibiting effect of regulatory measures (Buthe and Mattli 2011; World Trade Organization 2012). Today’s PTAs may also go beyond WTO rules in prohibiting preferences for domestic producers in government procurement (Arrowsmith and …
Black Cat, White Cat: The Identity Of The Wto Judges, Louise Johannesson, Petros C. Mavroidis
Black Cat, White Cat: The Identity Of The Wto Judges, Louise Johannesson, Petros C. Mavroidis
Faculty Scholarship
WTO judges are proposed by the WTO Secretariat and elected to act as ‘judges’ if either approved by the parties to a dispute, or by the WTO Director-General in case no agreement between the parties has been possible. They are typically ‘Geneva crowd’, that is, they are either current or former delegates representing their country before the WTO. This observation holds for both first- as well as second-instance WTO judges (e.g. Panelists and members of the Appellate Body). In that, the WTO evidences an attitude strikingly similar to the GATT. Whereas the legal regime has been heavily ‘legalized’, the people …