Perpetual Peace or Perpetual Process: Global Civil Society and Cosmopolitan Legality at the World Trade Organization

2003 ◽  
Vol 16 (4) ◽  
pp. 673-699 ◽  
Author(s):  
RUTH BUCHANAN

This article argues that a contemporary form of ‘cosmopolitan legality’ serves as an animating force behind contemporary practices of global civil society and global governance. The first part provides an account of the recent history of civil society engagement with the World Trade Organization. It observes that civil society groups have focused their collective efforts on issues relating to procedural legitimacy, including accountability, openness, and transparency, potentially to the detriment of efforts to bring about more fundamental change. In the second part of the article, various theoretical approaches to cosmopolitan legality are discussed, including their claimed Kantian origins, and are mapped on to the preceding discussion of the place of a global public sphere in global governance. Programmatic approaches that purport to mobilize cosmopolitanism in the service of either a political or legal project are ultimately rejected, and a provisional alternative reading is suggested.

2014 ◽  
Vol 23 ◽  
pp. 133-146
Author(s):  
Anne Reiff

Who participates in the discourse of legitimation taking place in the WTO Public Forum and how do the participants evaluate the World Trade Organization (WTO)? This paper offers two empirical insights into the phenomenon of Global Governance. Firstly, the discourse of legitimation is analyzed with a quantitative text analytical tool. Secondly, as the framework of the discourse is a forum founded by the WTO to start dialogue with civil-society after the crisis of legitimacy in the 1990s, it sheds light on a strategy of Re-legitimation. The empirical results show that (1) the discourse in the forum is “emptying-out” as NGOs are largely replaced by Academia and national politicians and (2) that it is limited by power inequalities between the actors.


Author(s):  
Carsten Herrmann-Pillath

Based on Rodrik’s diagnosis of a “globalization trilemma” in designing the institutions of international economic exchange, this chapter suggests a solution that applies Sen’s argument favoring realization-focused comparisons over transcendental institutionalism in evaluating institutions. In the paradigm of deliberative trade policy, this contribution approaches the World Trade Organization (WTO) as a regime of deliberation, reaching beyond the scope of interactions with civil society. This prepares the ground for normative principles of WTO reform that shift the emphasis from efficiency to justice, mainly in the procedural sense. The central operational criterion is the inclusiveness of international trade and trade policy. This is applied on the issues of multilateralism versus regionalism and the design of the dispute settlement process. A WTO renewed under the auspices of deliberative trade policy can meet the challenges of new trade policy issues such as coordination of regulatory regimes under the conditions of rapid and unpredictable technological change, and can resolve the tension between democracy and globalization as laid out in the globalization trilemma.


2020 ◽  
Vol 13 (2) ◽  
pp. 129-140
Author(s):  
Daria Boklan ◽  
Olga Belova

Abstract Accession of Russia and Kazakhstan to the World Trade Organization (WTO) constitutes a landmark event in the history of this organization, especially in relation to trade in energy, in general, and trade in electricity, in particular. As a result, the role of the WTO in regulating trade in electricity has increasingly grown. However, the Treaty on the Eurasian Economic Union, a treaty that binds both Russia and Kazakhstan, necessitates additional regulation for trade in electricity, concurrent with law of the WTO. Recently, this treaty was amended by the Protocol on Common Electricity Market on 1 July 2019. As a result, compatibility issues between the rules of the WTO and the Eurasian Economic Union arise. This article concludes that the law of the WTO can be relevant to trade in electricity between Member States of the Eurasian Economic Union and third countries because of the specific place of the rules of the WTO under the Eurasian Economic Union legal order.


Author(s):  
Janice M. Mueller

The first day of January 2005 marked a dramatic turning point in the history of India. By deliberately excluding pharmaceutical products from patent protection for the previous 34 years, India became a world leader in high-quality generic drug manufacturing. But India’s entry into the global economy at the end of the 20th century, as evidenced by membership in the World Trade Organization (WTO), compelled the nation to once again award patents on drugs. Moreover, India henceforth would have to apply internationally-accepted criteria for granting patents, and the term of its patents would have to extend twenty years beyond filing.


2016 ◽  
Vol 8 (1) ◽  
pp. 48
Author(s):  
Sunil Kumar Niranjan

The agreement on agriculture (AOA) forms a part of the final act of the Uruguay round of multilateral trade negotiation, which was signed by the member's countries in April 1994 at Marrakesh, Morocco and came into force on 1st January 1995.for the first time, agriculture features in a major way in the GATT round of multilateral trade negotiations. Although the original GATT- the predecessor of the World Trade organization (WTO) applied to trade in agriculture, various expectations to the disciplines on the use of non-tariff measures and subsidy meant that it did not do so effectively. The Uruguay round agreement sought to bring order and fair competition to this highly distorted sector of world trade by establishment of a fair and market oriented agriculture trading sector. Therefore the formation of the world trade organization (WTO) in January 1, 1995 as a successor organization for the General Agreement of Tariff and Trade (GATT) was watershed event in the history of global trade reform.


Author(s):  
Karen Buckley

For all its myriad debates, interpretations, and discussions, research on detailing and imagining civil society, global civil society, and associated social relations is constrained in how it conceives global social relations. There is confusion as to whether civil society and global civil society refer to an analytical concept or an actually existing reality or both simultaneously. This chapter adds a missing dimension to these discussions through engaging a critical dialogue or dialectics between concept and reality in civil society research on the nature and extent of civil society particularly as they relate to global governance and contestation. The theoretical and practical activities of civil society, seen through a dialectical lens of the world, are related in the conclusion to a greater understanding of movement and change through the processes of transversal hegemony.


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