WTO ADJUDICATION@ me.too: Are Global Public Goods like the World Trade Organization Owned by Governments or by Peoples and Citizens?

서지정보

ㆍ발행기관 : 이준국제법연구원 ㆍ수록지정보 : Journal of East Asia and International Law / 13권 / 1호
ㆍ저자명 : Ernst-Ulrich Petersmann

목차

I. From Apology to Utopia? Need for“Critical Legal Positivism”
II. Struggles for Justice and Judicial Remediesin National and International Law
III. Neo-liberalism vs Ordo-liberalism: Beware the 2020USTR Report on the WTO Appellate Body
IV. Contradictions between Tom Graham’s“2013 Speech” as an AB Member and his “2020 Speech”as a Washington Trade Remedy Lawyer
V. WTO [e-mail]:Citizens must Defend Public Reason
A. Citizens as “Democratic Principals” of Multilevel GovernanceAgents?
B. Are Citizen-driven WTO Deliberations Politially Unrealistic?
VI. Conclusion: Time for ReconceptualizingInternational Law as Multilevel Governanceof Public Goods for the Benefit of Citizens
A. Why Do Citizens Need Ordo-liberal “Economic Constitutionalism”?
B. Globalization Requires Transnational Constitutionalism
C. Is Democratic and Cosmopolitan Constitutionalism as Restraintson the WTO Power Politics?

영어 초록

As the most frequent and most successful user of the dispute settlement system of the WTO, the US has welcomed judicial clarifications by WTO dispute settlement bodies whenever they confirmed legal claims of the US. Yet, the Trump administration increasingly rejects judicial findings against the US trade restrictions as violating the WTO prohibitions of “add(ing) to or diminish(ing) the rights and obligations provided in the covered agreements.” This contribution criticizes the illegal US ‘blocking’ of the WTO Appellate Body and the underlying, hegemonic nationalism and protectionist interest group politics. It suggests that reasonable and responsible citizens benefitting from the WTO trading, legal and dispute settlement systems must resist illegal power politics, for instance, by supporting a WTO [e-mail] “enlightenment campaign” pressuring democratic institutions and governments to protect rule of law and judicial remedies in international trade as prescribed by parliaments when they approved the WTO Agreement.

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