- List of Figures
- List of Tables
- List of Abbreviations
- About the Contributors
- The Case For a Multilateral Trade Organization
- The Inconsistent Quartet: Free Trade Versus Competing Goals
- Trade Liberalization And Domestic Politics
- The International Trade Organization
- The Expanding Mandate Of The Gatt: The First Seven Rounds
- The Uruguay Round Negotiations and the Creation of the WTO
- The Role of the Director-General and the Secretariat
- Defining the Borders of the WTO Agenda
- Collective Agency, Systemic Consequences: Bargaining Coalitions in the WTO
- The Influence of the EU in the World Trade System
- The Role of the United States: A Multilevel Explanation For Decreased Support Over Time
- The Role of the Brics in the WTO: System-Supporters or Change Agents in Multilateral Trade?
- Least-Developed Countries In The WTO: Growing Voice
- Awkward Partners: NGOs And Social Movements At The WTO
- What Happened To The Influence Of Business? Corporations and Organized Labour In The WTO
- Trade In Manufactures And Agricultural Products: The Dangerous Link?
- Trade In Services In The WTO: From Marrakesh (1994), To Doha (2001), to… (?)
- Trade-Related Intellectual Property Rights
- Flexibilities, Rules, And Trade Remedies In The Gatt/WTO System
- Regulatory Measures
- The Trade Policy Review Mechanism
- Dispute Settlement Mechanism—Analysis And Problems
- The Dispute Settlement Mechanism At The WTO: The Appellate Body—Assessment And Problems
- WTO Judicial Interpretation
- The Dispute Settlement Mechanism: Ensuring Compliance?
- Persistent Deadlock In Multilateral Trade Negotiations: The Case Of Doha
- The Role Of Domestic Courts In The Implementation Of WTO Law: The Political Economy Of Separation Of Powers And Checks And Balances In International Trade Regulation
- Preferential Trading Arrangements
- New Trade Issues In Food, Agriculture, And Natural Resources
- Fairness In The WTO Trading System
- Labour Standards And Human Rights
- Trade And The Environment
- Proposals For WTO Reform: A Synthesis And Assessment
- The WTO And Institutional (In)Coherence In Global Economic Governance
Abstract and Keywords
This article analyses the flexibilities, rules, and trade remedies that form a part of the General Agreement on Tariffs and Trade (GATT) and the World Trade Organization. Provisions such as safeguards and anti-dumping are important in that they provide governments with the necessary flexibilities to deal with internal pressures and still maintain a generally liberal trade policy. However, the article argues that they are an embarrassment to both legal and economic theory: the discipline which the system applies is more about fewer restrictions than good restrictions versus bad. It examines the provisions' evolving usage and calls for ‘analytic reform’ rather than just ‘policy reform’ of the trade remedy system, which includes closer attention to the national institutions that manage trade remedies. GATT's early decades were characterized by what Robert Hudec described as a ‘diplomat's jurisprudence’, a compromise between jurisprudence as understood by lawyers and the reality of the limited influence trade negotiators had over national trade policy decisions. The article also looks at the United States' safeguard measures against imports of steel from 2002 to 2003.
Joseph Michael Finger organized the first Trade Policy Research Group at the World Bank and served as Lead Economist and Chief of that group. Since retiring from the World Bank in 2001 he has done work for the Asian Development Bank, the United Nations Food and Agricultural Organization, the UN Millennium Project Task Force on Trade, the UK Department for International Development, and for several developing country governments.
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