Synopses & Reviews
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).
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.
About the Author
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.
Table of Contents
Dispute Prevention and Dispute Settlement in the Transatlantic Partnership: Need for Strengthening EU/US Leadership, Ernst-Ulrich Petersmann
Transatlantic Governance Problems: The Broader Political Challenges, Mark Pollack
1. Case Studies Manifestly Illegal Import Restriction and Non-Compliance with WTO Dispute Settlement Rulings: Lessons from the Bananas Dispute, Friedel Weiss
2. Safegueard Measures, Anti-Dumping and Countervailing Duty Disputes in the Transatlantic Partnership: How to Control 'Contingency Protection' More Effectively?, David Palmeter
3. Production Subsidies, Export Subsidies and Tax Treatment of 'Foreign Sales Corporations': Lessons from Past GATT and WTO Disputes, Robert Hudec
Production and Export Subsidies in Agriculture: Lessons from Past GATT and WTO Disputes, T. Josling and S. Tangermann
4. Non-Discriminatory Sanitary and Phytosanitary Standards: Lessons from the Disputes over Hormones and Genetically Modified Organisms, Petros Mavroidis
5. Disputes Over Technical Barriers to Trade: Are WTO and EC Rules and Procedures Adequate?, Kenneth Abbott
6. Conflict Avoidance in the Context of the Bilateral EC-US Agreements on the Coordination of Competition Policies, Kirtikumar Mehta
7. Managing US-EU Trade Relations Throught Mutual Recognition and Safe Harbour Agreements: 'New' and Global Approaches to Transatlantic Governance, Gregory Schaffer
8. Government Procurement Disputes: Lessons from the Dispute Over Massachusetts 1996 Act Regulating State Contracts with Companies Doing Business with Burma (Myanmar), Matthew Schaefer
9. Avoidance and Settlement of 'High Policy Disputes': Lessons from the Dispute over 'The Cuban Liberty and Democratic Solidarity Act', Hugo Paemen
10. EU-US Trade-Related Environmental Disputes: Are WTO Dispute Settlement Mechanisms and Multilateral Environmental Agreements Sufficient?, Daniel Esty
11. Dispute Prevention and Dispute Settlement in International Services Trade: The Example of Telecommunication and the 'Cultural Exception', L. J. Spiwak
12. Dispute Prevention and Dispute Settlement in International Services Trade: The Example of International Air Transport Liberalization and Regulation, F. Soerensen
13. Investment Disputes in the Transatlantic Partnership: Choices Among Alternative Dispute Settlement FORA, Peter Malancuk
Investment Disputes Under Chapter 11 of NAFTA: Lessons for the Transaltantic Partnership, Robert Howse
14. Dispute Prevention and Dispute Settlement in the Field of Intellectual Property Rights and Electronic Commerce, Frederick Abbott
15. Legal Theories on International Dispute Prevention and Dispute Settlement: Lessons for the Transatlantic Partnership, George Berman
16. Political and Economic Theories on International Dispute Prevention and Dispute Settlement: Lessons for the Transatlantic Partnership, M. Busch and H. Hauser
17. An 'Early Warning System' for Dispute Prevention in the Transatlantic Partnership: Experiences and Prospects, Werner Meng
18. Private Involvement in EU-US Disputes, Joel Trachtman
Policy Recommendations Dispute Prevention and Dispute Settlement in the Transatlantic Partnership - EU-US Leadership for Worldwide and Transaltlantic Trade Liberalization
EU Perspectives, Hugo Paemen and Karl Voigt
US Perspectives, D. Aaron and N. Adams
Business Perspectives, Peter Sutherland and N. Butler
Political Science Perspectives, Prof Risse and Prof Pollack
Legal Perspectives, Prof Petersmann and Prof Bermann