Appellate Body of the WTO and Its Reform
portes grátis
Appellate Body of the WTO and Its Reform
Chen, Tsai-fang; Lo, Chang-fa; Nakagawa, Junji
Springer Verlag, Singapore
12/2019
346
Dura
Inglês
9789811502545
Pré-lançamento - envio 15 a 20 dias após a sua edição
This is the first book that critically examines the reform of the Appellate Body (AB) of the World Trade Organization (WTO) in light of the current crisis resulting from the U.S. blocking of the appointment of its members.
Part I: The AB in the WTO Governance and Its Reform - Broader Perspectives 1. Chang-fa Lo, Junji Nakagawa and Tsai-fang Chen: Introduction: Saving the Jewel in the Crown 2. Ulrich Petersmann: Between "Member-Driven Governance" and "Judicialization": Constitutional and Judicial Dilemmas in The World Trading System 3. Mitsuo Matsushita: Reforming the Appellate Body 4. Colin Picker: The AB Crisis as Symptomatic of the WTO's Foundational Defects or: How I Learned to Stop Worrying and Love the AB 5. Markus Wagner, The Impending Demise of the WTO Appellate Body: From Centrepiece to Historical Relic? 6. R. Rajesh Babu: WTO Appellate Body Overreach and the Crisis in the Making: A View from the South Part II: Reforms in Relation to the Basic Functions of the AB 7. Raj Bhala, Why the WTO Adjudicatory Crisis Will Not Be Easily Solved: Defining and Responding to "Judicial Activism" 8. Chang-fa Lo: A Proper Balance between WTO's Members-Driven Nature and the Appellate Body's Role as an Adjudicator - Careful Exercise of Judicial Activism 9. Niall Meagher: The Judicial Style of the Appellate Body 10. Yuka Fukunaga: Interpretative Authority of the Appellate Body: Replies to the Criticism by the United States 11. Tsai-fang Chen: Judicial Economy and Advisory Opinions of the Appellate Body - Potential Reform of Article 17.12 of the DSU 12. Tomohiko Kobayashi: The Use of Panel Process to Improve the Function of the Appellate Body: A Proposal to Utilize the Expert Review Group Part III: Options to Address the Crisis and Wider Implications Beyond the WTO 13. Henry Gao, Disruptive Construction or Constructive Destruction? Reflections on the Appellate Body Crisis 14. Rajesh Sharma: WTO Appellate Body at Crossroads: Options and Alternatives 15. Poching Lee: Appointment and Reappointment of the Appellate Body Members: Judiciary or Politics 16. Fernando Dias Simoes: Should Appellate Body Members Work Full Time 17. Jaemin Lee: The Appellate Body as a Trailblazer - Facilitation of Appellate Mechanism Discussion in Other International Courts 18. Joanna Jemielniak: The WTO AB as a Model for Other Adjudicatory Bodies - the Case of EU Investment Court System
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This is the first book that critically examines the reform of the Appellate Body (AB) of the World Trade Organization (WTO) in light of the current crisis resulting from the U.S. blocking of the appointment of its members.
Part I: The AB in the WTO Governance and Its Reform - Broader Perspectives 1. Chang-fa Lo, Junji Nakagawa and Tsai-fang Chen: Introduction: Saving the Jewel in the Crown 2. Ulrich Petersmann: Between "Member-Driven Governance" and "Judicialization": Constitutional and Judicial Dilemmas in The World Trading System 3. Mitsuo Matsushita: Reforming the Appellate Body 4. Colin Picker: The AB Crisis as Symptomatic of the WTO's Foundational Defects or: How I Learned to Stop Worrying and Love the AB 5. Markus Wagner, The Impending Demise of the WTO Appellate Body: From Centrepiece to Historical Relic? 6. R. Rajesh Babu: WTO Appellate Body Overreach and the Crisis in the Making: A View from the South Part II: Reforms in Relation to the Basic Functions of the AB 7. Raj Bhala, Why the WTO Adjudicatory Crisis Will Not Be Easily Solved: Defining and Responding to "Judicial Activism" 8. Chang-fa Lo: A Proper Balance between WTO's Members-Driven Nature and the Appellate Body's Role as an Adjudicator - Careful Exercise of Judicial Activism 9. Niall Meagher: The Judicial Style of the Appellate Body 10. Yuka Fukunaga: Interpretative Authority of the Appellate Body: Replies to the Criticism by the United States 11. Tsai-fang Chen: Judicial Economy and Advisory Opinions of the Appellate Body - Potential Reform of Article 17.12 of the DSU 12. Tomohiko Kobayashi: The Use of Panel Process to Improve the Function of the Appellate Body: A Proposal to Utilize the Expert Review Group Part III: Options to Address the Crisis and Wider Implications Beyond the WTO 13. Henry Gao, Disruptive Construction or Constructive Destruction? Reflections on the Appellate Body Crisis 14. Rajesh Sharma: WTO Appellate Body at Crossroads: Options and Alternatives 15. Poching Lee: Appointment and Reappointment of the Appellate Body Members: Judiciary or Politics 16. Fernando Dias Simoes: Should Appellate Body Members Work Full Time 17. Jaemin Lee: The Appellate Body as a Trailblazer - Facilitation of Appellate Mechanism Discussion in Other International Courts 18. Joanna Jemielniak: The WTO AB as a Model for Other Adjudicatory Bodies - the Case of EU Investment Court System
Este título pertence ao(s) assunto(s) indicados(s). Para ver outros títulos clique no assunto desejado.
