Restoring Trust in Trade: Liber Amicorum in Honour of Peter Van den Bossche

Description

In the aftermath of the global financial crisis, the world has witnessed increasing manifestations of eroding trust in the international trade regime, including Brexit and the Trump administration’s unilateral trade policies. Restoring trust in the international trading system is essential to prevent the rise of economic nationalism and beggar-thy-neighbour policies, which as history has shown are a threat to global welfare and peace. As a scholar, counsellor of the WTO Appellate Body Secretariat, and, between 2009 and 2017, a member of the WTO Appellate Body, Peter Van den Bossche has addressed the challenges faced by the international trade regime and has tirelessly promoted trust in the multilateral governance model. This Liber Amicorum honours his contribution to the development of a ‘trustworthy’ rules-based multilateral trading system, which has left a lasting legacy. In this timely book, leading experts and friends of Peter Van den Bossche, including his mentors, colleagues and PhD candidates, come together to pay tribute to his work by exploring, from a legal perspective, what can be done to restore trust in trade, focusing on: (1) ensuring a robust institutional framework that promotes rule of law over power politics, (2) safeguarding the integrity and effectiveness of trade dispute settlement, and (3) ensuring that substantive international trade rules appropriately balance trade and nontrade interests. Foreword Acknowledgements Contents List of Contributors Biographical Note: Prof Dr Peter LH Van den Bossche Restoring Trust in Trade: Introduction I. A Legal Conception of Trust in Trade II. Trust in Trade Challenged III. Restoring Trust in Trade PART I: DIALOGUE OVER POWER: ENSURING A ROBUST INSTITUTIONAL FRAMEWORK 1. Effecting Global Economic Governance Through the WTO: One Step at a Time? I. Introduction II. Change of Circumstances III. Consensus Decision-making at the WTO IV. Transparency, Democratic Legitimacy and Civil Society Participation in WTO Decision-making V. Secondary Law-making by WTO Bodies VI. The Role of the WTO Secretariat VII. Conclusions 2. Trade Policies in Support of Inclusive Growth to the Benefit of All I. Introduction II. Globalisation, Global Value Chains and Their Contribution to Inclusive Growth III. The Trade Policy Response to Globalisation IV. Conclusions 3. Gx Dynamics in Global Trade Governance I. Introduction II. Composition and Functioning of the Gx Bodies III. The Gx Bodies and Problems of Legitimacy IV. The Role of Coordination Bodies in Contributing to More Inclusiveness V. Concluding Observations 4. Governance Systems of Geographical Indications: An Example of Institutions Enabling Trust and Cooperation Among Producers I. Introduction II. Trust in GI Systems III. Rationale Behind GI Protection IV. Institutional Structures to Address Weak Features of the GI System V. Provisions in FTAs Enabling Stronger Governance Structures VI. Recommendations PART II: INTEGRITY AND EFFECTIVENESS: SAFEGUARDING THE PROPER FUNCTIONING OF TRADE DISPUTE SETTLEMENT 5. The WTO Dispute Settlement System and the Challenges to Multilateralism: Consolidatinga ‘Common Global Good’ I. Results Achieved by the Dispute Settlement System II. The Current Problems of the Dispute Settlement System: An Overview III. Efficiency Problems at the Dispute Settlement System IV. Possible Improvements V. The Current Challenge to the WTO and Its Dispute Settlement System from the US Administration VI. The US Challenge: From the Refusal to Reappoint an Appellate Body Member in 2016 to Paralysing the Selection Process in 2017–2018 VII. The WTO Members at Large Still Maintain Their Trust in the WTO Dispute Settlement System VIII. The Role of the Implementation Phase IX. Concluding Remarks: How to Preserve the WTO and Its Dispute Settlement System as a ‘Common Global Good’ 6. The ‘Crown Jewel’ of the WTO Has Been Stolen by US Trade Diplomats – And They Have No Intention of Giving It Back I. ‘Member-Driven Governance’ and its ‘Constitutional Limits’ in the WTO Legal System II. Democratic and Republican Failures to Protect the WTO Dispute Settlement System III. ‘Constitutional Justice’ as Limitation of Intergovernmental Power Politics in the WTO? IV. The Need to Strengthen Democratic and Judicial Accountability of WTO Governance 7. The Prospects of Equity in International Economic Law I. Introduction II. The Law of the Sea and Natural Resources III. Trade Regulation IV. The Law of Investment Protection V. Conclusions 8. Blueprint for a Plurilateral WTO Arbitration Agreement under Article 25 of the Dispute Settlement Understanding I. Introduction II. Arbitration Within the Multilateral Trading System III. Arbitration as an Alternative Means of Dispute Settlement IV. Essential Elements of an Article 25 Arbitration Agreement V. Conclusion 9. Improving the Enforcement of Labour Standards in the EU’s Free Trade Agreements I. Introduction II. Modelling a Private Complaint Procedure III. Managing Expectations IV. Conclusions PART III : BALANCING TRADE AND NON-TRADE VALUES AND INTERESTS: THE FUTURE EVOLUTION OF SUBSTANTIVE INTERNATIONAL TRADE LAW 10. Do PPM Concerns Have A Future? I. Introduction II. The Origin and Basis of Concerns over PPMs in International Trade III. The Evolution of the PPM Debate from the GATT to the WTO IV. The Relevance (or Not) of PPM Considerations in Trade in Services V. Conclusion 11. Incentives and Obstacles for Innovation I. Introduction II. New Technologies, New Challenges, New Opportunities III. Regulating Cooperation and Concentration IV. Conclusion 12. EU Food Law and the WTO: Trade, Science and Politics I. Peter Van den Bossche, EU Law and WTO Law II. EU Food Law, Science and the WTO III. The Impact of the SPS Agreement on EU Food Law: Science-based Measures IV. The Impact of the SPS Agreement on EU Food Law: Codex Standards V. Concluding Remarks 13. The General and Security Exceptions in the European Union’s Free Trade Agreements I. Introduction II. Identification of Relevant EU FTAs III. Scope of Application of General and Security Exceptions IV. Grounds for Justifications Under General and Security Exceptions V. Conclusion Essai Typologique: Eternal Clauses – Human and Divine – A Reflection on Deuteronomy XIII:1–6, Matthew 28 and Galatians I Index