Recent transatlantic relations have been plagued by a seemingly endless series of disputes over trade and other economic and political interests. Some of these disputes have been amongst the most prominent of the WTO era: the Bananas Case, the Beef Hormones Case and over the application of the Helms-Burton Act. This book analyzes the source of transatlantic disputes, the means employed to prevent and settle such disputes both bilaterally and through the dispute settlement mechanism of the of the WTO, and to identify promising areas for reform. This book begins with a survey of transatlantic…mehr
Recent transatlantic relations have been plagued by a seemingly endless series of disputes over trade and other economic and political interests. Some of these disputes have been amongst the most prominent of the WTO era: the Bananas Case, the Beef Hormones Case and over the application of the Helms-Burton Act. This book analyzes the source of transatlantic disputes, the means employed to prevent and settle such disputes both bilaterally and through the dispute settlement mechanism of the of the WTO, and to identify promising areas for reform. This book begins with a survey of transatlantic governance and dispute settlement problems. Part II analyzes 14 case-studies of transatlantic economic and regulatory disputes written by leading EU and US experts. The analytical papers in Part III examine the disputes in the broader context of legal, economic and political theories of dispute prevention and dispute settlement. Part IV offers policy recommendations from EU and US policy-makers and academics. Most of the more than 20 contributors conclude that joint EU-US leadership in multilateral institutions (e.g. for trade liberalization, dispute prevention and dispute settlement in the WTO) offers advantages over bilateral approaches. By contrast, a potential transatlantic free-trade association (TAFTA) remains a second-best approach which might not prevent many of the transatlantic disputes over internal trade-related domestic policies. Transatlantic initiatives e.g. forL regulatory cooperation and citizen-oriented institutional reforms can, however, serve as precedents for multilateral reforms (e.g. of WTO rules).
Mark A. Pollack is an Associate Professor of Political Science at the University of Wisconsin, Madison, where he teaches classes in international relations and comparative European politics. He received his B.A. in political science from Rutgers University in 1988, and his Ph.D. from Harvard University in 1995, and he served for two years as Senior Research Fellow and Visiting Professor at the European University Institute in Florence, Italy. Ernst-Ulrich Petersmann is Professor of International and European Law at the European University Institute, Florence.
Inhaltsangabe
* I Prevention and Settlement of Transatlantic Economic Disputes: Introductory Chapters * 2: Mark Pollack: The political Economy of Transatlantic Trade Disputes * II Case Studies * 4: David Palmeter: Safegueard, Anti-Dumping and Countervailing Duty Disputes in the Transatlantic Partnership: How to Control 'Contingency Protection' More Effectively * 5: Robert Hudec: Industrial Subsidies: Tax Treatment of 'Foreign Sales Corporations' * 6: T. Josling and S. Tangermann: Production and Export Subsedies in Agriculture: Lessons from GATT and WTO Disputes Involving the US and the EC * 7: The Trade Disputes Concerning Health Policy Between * the EC and the US * 8910: Kenneth W. AbbottK MehtaGregory Schaefer: US-EU Disputes Over Technical Barriers to Trade and the 'Hushkits' DisputeInternational Competition Policy Co-operationManaging US-EU Trade Relations Through Mutual Recognition and Safe Harbour Agreements: 'New' and 'Global' Appraches to Transatlantic Economic Governance? * 1112: M. SchaeferH. Paemen: Lessons From the Dispute over the Massachusetts Act Regulating State Contracts with Companies Doing Business with Burma (Myanmar)Avoidance and Settlement of 'High Poilicy Disputes': Lessons from the Dispute over 'The Cuban Liberty and Democratic Solidarity Act' * 1314: Daniel C. EstyLawrence J. Spiwak: Strengthening the International Environmental Regime: A Transatlantic PerspectiveDispute Prevention and Dispute Settlement in the Transatlantic Partnership- Telecoms, the WTO and the Realization of the Global information Society * 15: Federick Sørensen: North Atlantic Dispute Settlement for Air Transport * 1617: F.M. Abbott and T Cottier III Analytical Cross-Sectoral StudiesF. Berman: Dispute Prevention and Dispute Settlement in the Field of Intellectual Property Rights and Electronic Commerce: US- Section 211 Omnibus Approriations Act 1998 ('Havana CLub')Legal Theories on International Dispute Prevention anf Dispute Settlement: Lessons for the Transatlantic Partnership * 18: Marc L. Busch and Eric Reinhardt: Transatlantic Trade Conflicts anf GATT/WTO Dispute Settlement * 19: Heinz Hauser and Aleander Roitinger: Renegotiation in Transatlantic Trade Disputes * 20: W. Meng: 'Early Warning System' for ispute Prevention in the transatlantic Partnership: Experiences and Prospects * 21: Joel P. Trachtman: Private Parties in EC-US Dispute Settlement at the WTO: Toward Intermediated Domestic Effect * IV Preventing and Settling Transatlantic Ecom=nomic Disputes: Policy Recommendations * 23: Roderick Abbott: Preventing and Settling Transatlantic Disputes: The EU, the US and the WTO * 2425: George A. BermannH. Paemen: Policy Recommendations for Dispute Prevention and Dispute Settlement in Transatlantic Relations: Legal PerspectivesPractical Recommendations for Policy Reforms in Order to Prevent and Settle US-EU Trade and Economic Disputes * 26: Ernst-Ulrich Petermann: Preventing and Settling Transatlantic Economic Disputes: Legal Policy and Recommendations from a Citizen Perspective * 27: Mark A. Pollack: Managing System Fricton: Regulatory Conflicts in Transatlantic Relations and the WTO
* I Prevention and Settlement of Transatlantic Economic Disputes: Introductory Chapters * 2: Mark Pollack: The political Economy of Transatlantic Trade Disputes * II Case Studies * 4: David Palmeter: Safegueard, Anti-Dumping and Countervailing Duty Disputes in the Transatlantic Partnership: How to Control 'Contingency Protection' More Effectively * 5: Robert Hudec: Industrial Subsidies: Tax Treatment of 'Foreign Sales Corporations' * 6: T. Josling and S. Tangermann: Production and Export Subsedies in Agriculture: Lessons from GATT and WTO Disputes Involving the US and the EC * 7: The Trade Disputes Concerning Health Policy Between * the EC and the US * 8910: Kenneth W. AbbottK MehtaGregory Schaefer: US-EU Disputes Over Technical Barriers to Trade and the 'Hushkits' DisputeInternational Competition Policy Co-operationManaging US-EU Trade Relations Through Mutual Recognition and Safe Harbour Agreements: 'New' and 'Global' Appraches to Transatlantic Economic Governance? * 1112: M. SchaeferH. Paemen: Lessons From the Dispute over the Massachusetts Act Regulating State Contracts with Companies Doing Business with Burma (Myanmar)Avoidance and Settlement of 'High Poilicy Disputes': Lessons from the Dispute over 'The Cuban Liberty and Democratic Solidarity Act' * 1314: Daniel C. EstyLawrence J. Spiwak: Strengthening the International Environmental Regime: A Transatlantic PerspectiveDispute Prevention and Dispute Settlement in the Transatlantic Partnership- Telecoms, the WTO and the Realization of the Global information Society * 15: Federick Sørensen: North Atlantic Dispute Settlement for Air Transport * 1617: F.M. Abbott and T Cottier III Analytical Cross-Sectoral StudiesF. Berman: Dispute Prevention and Dispute Settlement in the Field of Intellectual Property Rights and Electronic Commerce: US- Section 211 Omnibus Approriations Act 1998 ('Havana CLub')Legal Theories on International Dispute Prevention anf Dispute Settlement: Lessons for the Transatlantic Partnership * 18: Marc L. Busch and Eric Reinhardt: Transatlantic Trade Conflicts anf GATT/WTO Dispute Settlement * 19: Heinz Hauser and Aleander Roitinger: Renegotiation in Transatlantic Trade Disputes * 20: W. Meng: 'Early Warning System' for ispute Prevention in the transatlantic Partnership: Experiences and Prospects * 21: Joel P. Trachtman: Private Parties in EC-US Dispute Settlement at the WTO: Toward Intermediated Domestic Effect * IV Preventing and Settling Transatlantic Ecom=nomic Disputes: Policy Recommendations * 23: Roderick Abbott: Preventing and Settling Transatlantic Disputes: The EU, the US and the WTO * 2425: George A. BermannH. Paemen: Policy Recommendations for Dispute Prevention and Dispute Settlement in Transatlantic Relations: Legal PerspectivesPractical Recommendations for Policy Reforms in Order to Prevent and Settle US-EU Trade and Economic Disputes * 26: Ernst-Ulrich Petermann: Preventing and Settling Transatlantic Economic Disputes: Legal Policy and Recommendations from a Citizen Perspective * 27: Mark A. Pollack: Managing System Fricton: Regulatory Conflicts in Transatlantic Relations and the WTO
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