Cover -- Half-title -- Title -- Copyright -- Contents -- Contributors -- Preface -- Foreword -- Introduction An overview of the volume -- I -- II -- Part I The constitutional developments of international trade law -- 1 Sovereignty, subsidiarity, and separation of powers: The high-wire balancing act of globalization -- I Introduction -- II Traditional sovereignty concepts and their role in international relations -- III The real policy values of sovereignty concepts -- A The valid policy role of sovereignty concepts -- B The values involved in power allocation policy analysis -- 1 Reasons for preferring government action at an international level -- 2 Values or goals that suggest allocating power more locally -- the principle of "subsidiarity" -- 3 Some other policy goals and values - cutting both ways? -- IV The power allocation policy analysis landscape and roadmap -- A The fuzzy map of the landscape -- B Outlines of the landscape and its dimensions -- C Appraising the international institutions so as to compare them with national and sub-national institutions -- D The devil in the detail: institutional details make a difference -- V Examples to illustrate different questions concerning power allocation -- A Economics and markets, in the power allocation as an example -- B Several other examples mentioned -- VI The WTO role and future in the light of power allocation policy analysis -- 2 Constitutionalism and WTO law: From a state-centered approach towards a human rights approach in international economic law -- I ''Transcending the ostensible": constitutional democracy and World Trade Law -- II National and international constitutional law: principles and layered structures of constitutional systems -- 1 Eight "political inventions" of "constitutionalism": a brief survey -- (a) Rule-of-law.

(b) Limitation of government powers by checks and balances -- (c) Democratic self-government -- (d) National constitutionalism -- (e) Human rights -- (f ) International constitutionalism -- (g) Social justice -- (h) Cosmopolitan constitutional law -- 2 Interrelationships between constitutionalism and human rights: variety of levels, institutions and processes of ... -- III Need for adjusting the law of international organizations to the "human rights revolution" -- 1 Six basic functions of human rights -- 2 Three constitutional functions of the emerging "right to democracy" -- IV Need for democratic reforms of the global integration law of the WTO -- 1 Freedom of trade, non-discrimination, rule-of-law and compulsory adjudication as constitutional achievements of WTO law -- 2 From "negative" to "positive" integration in the WTO: need for promoting democratic governance in the WTO -- (a) Need for better democratic legitimization of WTO rule-making procedures -- (b) Should freedom of trade be protected as a human right? -- (c) Need for more effective protection of the human rights objective of maximum equal freedom of citizens across frontiers -- (d) Need for protecting freedom of trade and consumer welfare against private restraints of competition -- (e) Need for balancing human rights through public interest legislation -- 3 "Paradoxes of discrimination": need for a "self-enforcing foreign policy constitution" based on citizen rights and... -- (a) Foreign policy dilemmas of constitutional law -- (b) Should precise and unconditional WTO guarantees of freedom and non-discrimination be protected by domestic courts? -- 4 Need for advisory parliamentary and civil society institutions in the WTO so as to promote better representation of... -- (a) Need for promoting more "participatory democracy" in the WTO.

(b) Proposals for advisory WTO bodies representing civil society interests -- V Conclusion: need for clarifying the impact of human rights on WTO law -- 3 WTO decision-making: Is it reformable? -- I Preliminary remarks -- II Global governance: towards a multi-dimensional one-world -- 1 Seattle -- 2 Et après -- III Constitutional reform -- 1 WTO decision-making -- (a) Some diagnostics -- (b) What kind of reform? -- 2 Reforming the WTO dispute settlement system -- 3 Expanding the agenda? -- IV Conclusion -- 4 Some institutional issues presently before the WTO -- 1 Overview of institutional structure and decision-making powers -- 2 Questions raised by the overview of the institutional structure -- 3 Powers and practice of the "emanations" of the General Council: the DSB -- 4 Powers and the practice of specialized councils -- 4.1 Powers of the Services Council (CTS) -- 4.2 Practice of the CTS and its subordinate bodies -- 4.3 The powers of the TRIPS Council -- 4.4 The practice of the TRIPS Council -- 4.5 The powers of the Council for Trade in Goods and its subsidiary bodies -- 4.6 A particular practical problem concerning the allocation of powers in the field of Goods. -- 5 The form of WTO decisions and who takes them -- 6 Does the WTO have treaty-making power and who exercises it? -- 7 Conclusion -- 5 Domestic regulation and international trade: Where's the race? Lessons from telecommunications and export controls -- Introduction -- I Pre-race regulation -- Basics of regulation: public interest versus public choice -- Effects of government regulation: efficiency concerns -- Regulation and efficiency: end-notes -- II Regulation and business decisions -- Regulation and business desiderata -- Environmental and labor regulation -- III Losing power? Transmission problems? Business location and the deregulation race -- Underlying assumptions.

Checking the assumptions: building pressure for change -- Regulatory change: from pressure to diamonds? -- Telecommunications services -- Cable television -- Telecommunications pricing -- Regulatory response: summation -- Sovereignty and regulatory reform -- Sovereignty, again: trade, spillovers, and welfare -- IV Export controls: another regulation, another race? -- The politics of export control -- Recalibrating value and cost -- Asymmetric official incentives -- Conclusion -- REFERENCES -- Part II The scope of international trade law: Adding new subjects and restructuring old ones -- 6 What subjects are suitable for WTO agreement? -- Multilateral and plurilateral agreements -- Multilateral agreements and single undertakings -- Plurilateral agreements -- GATT exchange-of-concessions model -- The GATT and self-inflicted damage -- Reciprocity and mutual advantage -- Beyond tariffs -- Voluntary exchange versus mugging -- Coerced agreement and criteria for agreements -- Criteria for new WTO agreements -- (a) World economic welfare -- Self-inflicted damage -- The governmental complication -- "What more do they want?" -- Sovereignty and the trading system -- (b) Correction of illegitimate transfers -- (c) Bureaucratic neatness -- (d) A modernizing mission -- Conclusions -- REFERENCES -- We have met the enemy and he is us -- 1 Public choice analysis and public interest analysis -- (a) "Self-inflicted damage" -- 2 Conclusion -- 7 International action on bribery and corruption: Why the dog didn 't bark in the WTO -- I Introduction -- II Corruption as a trade issue -- A Are corruption and bribery relevant to international trade? -- B Do WTO rules already restrict corruption and bribery? -- C Is the WTO relevant to controlling corruption and bribery? -- III Theoretical approach -- IV The incentive structure of the corruption problem.

A Supply side-active bribery -- B Demand side-solicitation of bribes and related forms of corruption -- V Process issues in the OECD and WTO -- A The OECD process -- B Initiation of negotiations in the WTO -- C The OECD an WTO negotiating processes compared -- (i) The need to go beyond narrow technical issues -- (ii) The importance of institutional leadership -- (iii) The value of soft law approach -- (iv) The need to move beyond quid pro quo bargaining -- D Seattle and beyond -- VI Lessons for the WTO -- It's elementary, my dear Abbott -- 8 Alternative national merger standards and the prospects for international cooperation -- The many goals of competition policy -- Competition policy and efficiency -- Producer protection -- The maintenance of rivalry -- The maximization of consumer surplus -- The total welfare standard -- Nationalism in merger policy -- National merger policies -- The United States -- Towards a comparison of merger policies -- Canada -- The European Community -- Japan -- Conflict and cooperation on merger policy -- Alternatives for change -- Harmonizing global merger standards -- 9 Agriculture on the way to firm international trading rules -- Introduction -- 1 Is agriculture on the way to becoming a "normal" sector in the WTO? -- 1.1 Market access -- 1.2 Export competition -- 1.3 Domestic support -- 2 Have the new rules for agriculture established in the Uruguay Round improved the situation? -- 2.1 Market access -- 2.2 Export competition -- 2.3 Domestic support -- Conclusions -- REFERENCES -- Part III Legal relations between developed and developing countries -- 10 The Uruguay Round North-South Grand Bargain: Implications for future negotiations -- The Uruguay Round Grand Bargain -- The proactive South -- North-South issues: implications for WTO negotiations -- Conclusions.

The Uruguay Round North-South bargain: Will the WTO get over it?.