Date: 2020
Type: Contribution to book
Between 'member-driven governance' and 'judicialization' : constitutional and judicial dilemmas in the world trading system
Chang-fa LO, Junji NAKAGAWA and Tsai-fang CHEN (eds), The appellate body of the WTO and its reform, Singapore : Springer, 2020, pp. 15-41
PETERSMANN, Ernst-Ulrich, Between 'member-driven governance' and 'judicialization' : constitutional and judicial dilemmas in the world trading system, in Chang-fa LO, Junji NAKAGAWA and Tsai-fang CHEN (eds), The appellate body of the WTO and its reform, Singapore : Springer, 2020, pp. 15-41
- https://hdl.handle.net/1814/65888
Retrieved from Cadmus, EUI Research Repository
The power-oriented GATT/WTO traditions of member-driven governance risk undermining the dispute settlement system of the WTO, its judicial administration of justice and rule of law. US trade policies, the “Brexit”, and non-democratic rulers challenge multilateral treaties and judicial systems by populist protectionism prioritizing “bilateral deals”. This contribution uses the example of the illegal US blockage of the WTO Appellate Body system for explaining why the “republican imperative” of protecting public goods (res publica) requires respect for democratic governance, rule of law and judicial remedies (Part 1 of this chapter). WTO law limits power politics by judicial remedies and by administrative majority decisions for filling vacancies in WTO institutions (like the Appellate Body) if consensus is arbitrarily vetoed (Part 2 of this chapter). Such administrative decisions and judicial clarifications of WTO rules preventing illegal de facto amendments of WTO institutions legitimize member-driven governance by protecting rule of law as approved by parliaments when they authorized ratification of the WTO Agreement and delegated limited powers for implementing, clarifying and reforming—rather than destroying—WTO rules for the benefit of citizens, their equal rights and social welfare (Part 3 of this chapter). The hegemonic abuses of trade policy powers indicate the political limits of “judicialization” of international economic law and the need for systemic, “ordo-liberal” reforms of the WTO in order to avoid disintegration of the world trading system.
Cadmus permanent link: https://hdl.handle.net/1814/65888
ISBN: 9789811502545; 9789811502552
Publisher: Springer
Files associated with this item
Files | Size | Format | View |
---|---|---|---|
There are no files associated with this item. |