John H. Jackson: Pioneer and Visionary

2016 ◽  
Vol 15 (3) ◽  
pp. 409-411
Author(s):  
DEBRA P. STEGER
Keyword(s):  
International Trade ◽  
Trade Policy ◽  
Rule Of Law ◽  
Trading System ◽  
The Rule Of Law ◽  
Trade Law ◽  
International Trade Law ◽  
Multilateral Trading System ◽  
Unique Ability

John Jackson pioneered international trade law, helped to establish the WTO, and taught legions of professors and trade policy officials who continue to promote his goals of a multilateral trading system based on the rule of law, transparency, fairness, and non-discrimination. A great man, he was also a very dear man – humble, quiet, unassuming, kind, and private. In his writings, he had the unique ability to distill very complex issues down to a few, readily comprehensible paragraphs for students and readers.

An exposition of trade policy formulation through the issuing of "Trade Policy Directives" by the Minister of Trade, Industry and Competition under the International Trade Administration Act 71 of 2002

2021 ◽  
Vol 25 ◽  
Author(s):  
Clive Vinti
Keyword(s):  
International Trade ◽  
Trade Policy ◽  
Rule Of Law ◽  
Policy Formulation ◽  
Procedural Rationality ◽  
Abstract Section ◽  
The Rule Of Law ◽  
The Public ◽  
The Republic ◽  
A Charge

ABSTRACT Section 5 of the International Trade Administration Act 71 of 2002 (ITAA) provides that the Minister of Trade, Industry and Competition has the power to issue "Trade Policy Directives" subject to the procedures and requirements of the Constitution of the Republic of South Africa, 1996 (Constitution) and other laws. However, there is uncertainty as to how trade policy is formulated under section 5 of the ITAA and the rights of affected parties in this regard. Thus, this article offers an exposition of the process of trade policy formulation under section 5 of the ITAA. To this end, it is my view that trade policy formulation under section 5 must be guided by section 195 of the Constitution, which requires that the public must be "encouraged" to participate in policy formulation and that this must occur in a climate of openness, transparency and accountability. In the narrower sense, it is also my view that interested parties must be given an opportunity to participate in trade policy formulation on the ground of procedural rationality and to avoid a charge of arbitrariness as twin components of the rule of law. Keywords: Trade policy; International Trade Administration Act; rule of law; legality; rationality; arbitrariness; transparency; accountability; governance.

Reflections on the last three years of the WTO

2005 ◽  
Vol 4 (3) ◽  
pp. 367-378
Author(s):  
SUPACHAI PANITCHPAKDI
Keyword(s):  
Rule Of Law ◽  
International Organizations ◽  
Economic Consequences ◽  
Living Standards ◽  
Trading System ◽  
The Rule Of Law ◽  
Multilateral Trading System ◽  
The World ◽  
International Economic Cooperation ◽  
Trade Conflicts

The multilateral trading system has been an astonishing achievement in international economic cooperation. The power of trade to raise living standards is widely recognized and so too is the capacity for trade tensions to escalate with severe economic consequences and also repercussions that go way beyond economics. As many have observed, when trade cannot cross boarders, then armies will. For these reasons, the World Trade Organization (WTO) is one of the most indispensable international organizations that exists today. It is a system based upon the rule of law and not the law of the jungle, equipped with appropriate legal instruments to defuse and resolve trade conflicts as well as providing a forum for Member governments to negotiate trade rules and trade liberalization.

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