Asadar, WTO nu mai sta cuminte…
Scris de asociatie pe noiembrie 22, 2007
Nu mai departe de ieri (aici) va povesteam cum o sa se incalzeazca aceasta structură de jurisdicţii. Azi am gasit un document în care şi americanii dau primele semne ca nu aşa ar fi vrut.
Şi, ce e mai important, de acum încolo vor putea afirma ca WTO nu mai este al lor. Nu uitati începutul titlului Negotiate or Litigate…
Judith Goldstein, Richard H.Steinberg, Negotiate or Litigate? Effects of WTO Judicial Delegation on U.S. Trade Politics, UCLA School of Law, Law-Econ Research Paper No. 07-14 Available at SSRN.
This article argues that the Appellate Body of the World Trade Organization has engaged in substantial lawmaking since its inception and that, in many circumstances, decisions rendered by court-like bodies in the WTO are adhered to even when the same policy would not gain support in multilateral negotiations. The emergence of judicial lawmaking at the WTO is due to largely to the decline of non-reciprocity in the regime, which has catalyzed North-South deadlock in the legislative process. As the prospects for broad legislative rule-making have declined, judicial lawmaking has become more common. Judicial lawmaking is consequential only if the powerful members of the WTO choose to adhere to judicial rulings. To explain adherence, we offer a model of decision-making in the United States and suggest that, in a number of circumstances, the President and Congress find compliance with international court decisions to be in their interest, resulting in trade opening that would not have resulted from ministerial negotiations.
