Journal of International Economic Law - current issue

Introduction to Volume 11, 2008

The Editors — 2008-02-20

Introduction to Sir Francis G. Jacobs' Essay

Jackson, J. H. — 2008-02-20

The State of International Economic Law: Re-Thinking Sovereignty in Europe

Jacobs, F. G. — 2008-02-20

The Morals and Order Exceptions in WTO Law: Balancing the Toothless Tiger and the Undermining Mole

Diebold, N. F. — 2008-02-20

On 10 April 2007, the United States requested consultations with China regarding trading rights for publications and audiovisual products. Following US—Gambling, this case is likely to provoke the next clash between free trade and public morals. This article takes an abstract approach to the scope and content of the public morals and public order exceptions in the GATS and the GATT and, given the absence of a public order exception under the GATT, analyzes how these two concepts interrelate with one another. In this regard, the finding in US—Gambling that Members should individually define the scope of Article XIV(a) GATS is critically examined, but the article suggests that it deserves support based on an interpretation in accordance with general principles of the law of treaties. Following the identification of instruments that limit the risk for abuse of the morals and order exceptions, the article will turn to the scope-related aspect regarding the justifiability of ‘extraterritorial’ measures.

Banking on China's WTO Commitments: 'Same Bed, Different Dreams' in China's Financial Services Sector

Crosby, D. C. — 2008-02-20

Foreign banks and the Chinese Government have different dreams about the business opportunities and obligations that arise under China's World Trade Organization (WTO) commitments on financial services. This article provides an overview of China's banking sector reforms and its gradual opening to foreign participation in the context of General Agreement on Trade in Services (GATS) rules governing international trade in financial services and the obligations that apply since China's WTO accession in December 2001. The article highlights the contradictory interpretations that China and other Members have issued regarding China's GATS commitments and provides a framework for assessing the WTO consistency of China's banking measures. An analysis is conducted under this framework to evaluate whether China has fully implemented its GATS commitments on (i) the acquisition of Chinese banks by foreign financial institutions, (ii) legitimate ‘prudential regulation’ in the banking sector, and (iii) full market access for credit card and electronic payment services. Notwithstanding the apparent complexity of GATS rules, the article concludes that the WTO legal framework supports the case for increased access to China's financial services market consistent with its GATS commitments, and fully consistent with China's plans for continuing domestic growth and its medium-term financial services export interests.

Foe or Friend of GATT Article XXIV: Diversity in Trade Remedy Rules

Ahn, D. — 2008-02-20

While the WTO Member countries continue to increase their FTA arrangements with divergent frameworks, they have begun to adopt modified WTO trade remedy systems in FTAs. Although the content and degree of these modified systems may not be significant yet, they still set very important precedents, or ‘seeds’, for ‘rule diversification’ in the world trading system. Such modification typically aims to further liberalize mutual trade between FTA parties and thereby contribute to a freer world trading system. However, such rule diversification appears to be inconsistent with the mandate of Article XXIV of GATT by worsening economically inferior trade diversion. The reinterpretation of the legal obligations in Article XXIV commensurate with economically more reasonable structures implies that trade remedy rules in FTAs should be applied on a non-discriminatory basis. Moreover, an FTA safeguard measure must precede a WTO safeguard measure to ensure optimal competitive conditions among trading partners. In sum, the right channel for improving the current WTO trade remedy systems is not the FTA forums but the WTO negotiation.

Conceptualizing Security Exceptions: Legal Doctrine or Political Excuse?

Emmerson, A. — 2008-02-20

The dominant world political theory for international engagement has long been Realism, where state power and state interests are viewed as determining the limits on state relations. Increasingly, however, new theories have emerged to assist our understanding of how and why states interact in a global setting dominated by international institutions and their antecedent agreements. This is no more apparent than in the field of international economic relations under the control of the World Trade Organization. Using political and legal theories, this essay explores whether WTO security exceptions are legal doctrines or political excuses and how this informs our present, and possibly future, understanding of international state interaction.

Seventh Annual WTO Conference: an Overview

Van Damme, I. — 2008-02-20

Trade and Employment: Challenges for Policy Research. A Joint Study of the International Labour Office and the Secretariat of the World Trade Organization

Charnovitz, S. — 2008-02-20

Human Rights and International Trade. Edited by THOMAS COTTIER, JOOST PAUWELYN AND ELISABETH BURGI

Baetens, F. — 2008-02-20

WTO Dispute Settlement 1995-2007 - A Statistical Analysis

Leitner, K., Lester, S. — 2008-02-20

The WTO Appellate Body's Activities in 2007

2008-02-20

Book Survey 2007

Raisch, M. J. — 2008-02-20

Website Survey 2007

Raisch, M. J. — 2008-02-20

Subject Index To Volumes 1-10 (1998-2007)

2008-02-20

Author Index To Volumes 1-10 (1998-2007)

2008-02-20

Editorial Structure

2008-02-20