The Evolution of the Trade Regime: Politics, Law, and Economics of the GATT and the WTO

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The Evolution of the Trade Regime offers a comprehensive political-economic history of the development of the world's multilateral trade institutions, the General Agreement on Tariffs and Trade (GATT) and its successor, the World Trade Organization (WTO). While other books confine themselves to describing contemporary GATT/WTO legal rules or analyzing their economic logic, this is the first to explain the logic and development behind these rules.

The book begins by examining the institutions' rules, principles, practices, and norms from their genesis in the early postwar period to the present. It evaluates the extent to which changes in these institutional attributes have helped maintain or rebuild domestic constituencies for open markets.

The book considers these questions by looking at the political, legal, and economic foundations of the trade regime from many angles. The authors conclude that throughout most of GATT/WTO history, power politics fundamentally shaped the creation and evolution of the GATT/WTO system. Yet in recent years, many aspects of the trade regime have failed to keep pace with shifts in underlying material interests and ideas, and the challenges presented by expanding membership and preferential trade agreements.

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Contenido

List of Illustrations Box and Tables
ix
Preface
xi
Political Analysis of the Trade Regime
1
12 Understanding the Political Economy of the GATTWTO Regime
5
13 State Power and International Trade Institutions
10
14 Nonstate Actors and Domestic Institutional Design
14
15 Ideas and Institutional Design
16
16 Accommodating Changes in Power Interests and Ideas
18
Negotiation of the GATS
127
53 Health Agricultural Regulations and Industrial Standards
135
54 Intellectual Property Protection and the Trading System
139
New Tools Actors and Coalitions?
143
56 The Search for New Principles and New Coalitions
149
Expansion of GATTWTO Membership and the Proliferation of Regional Groups
153
62 GATTWTO Membership Conditions
154
63 Increasing Involvement of Developing Countries
160

17 Alternative Perspectives on the Trade Regime
22
Creating Constituencies and Rules for Open Markets
27
21 Why Create a Trade Regime?
29
22 The GATT 1947 Trade Regime
38
23 The Early GATT
41
24 Creating the WTO
47
25 Making Authoritative Decisions
48
Preferential Trade Agreements
52
The Trade Regime Domestic Constituencies and Free Trade
55
The Politics of the GATTWTO Legal System Legislative and Judicial Processes
61
The Expansion of Judicial Lawmakingand Transatlantic Power
67
Prospects for Continued Viability of WTO Legislative and Judicial Rules
87
Expanding Trade Rules and Conventions Designing New Agreements at the Border
91
42 The Uruguay Round Tasks
92
43 Extension of Scope of Trade System
94
44 Incorporating the Laggard Sectors
98
45 Consolidating the Codes
108
46 The Unfinished Business
119
47 Conclusion
120
Extending Trade Rules to Domestic Regulations Developing Behind the Border Instruments
125
64 Different Perspectives and Coalitions
169
65 Responding to the Concerns of the Developing Nations
172
66 Preferential Trade Arrangements and Developing Countries
174
Accommodating Nonstate Actors Representation of Interests Ideas and Information in a StateCentric System
182
71 The Role of Nonstate Actors
183
Underrepresentation of New Nonstate Actors Interests
192
73 Domestic Institutional Processes of Interest Representation and Intermediation
194
The Legislative Process
198
The Judicial Process
199
76 Conclusions
201
Conclusions
204
81 Is Trade Politics Low Politics?
205
82 What Is New about the WTO?
208
83 An International Bureaucracy
211
84 Measuring Success
213
Trade Relations in the Twentyfirst Century
214
Bibliography
219
Index
233
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John H. Barton is George E. Osborne Professor of Law Emeritus at Stanford University Law School. Judith L. Goldstein is professor of political science at Stanford University. Timothy E. Josling is senior fellow at the Freeman-Spogli Institute for International Studies and emeritus professor at the Food Research Institute at Stanford University. Richard H. Steinberg is professor at UCLA School of Law.

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