Network Power and Globalization

2003 ◽  
Vol 17 (2) ◽  
pp. 89-98 ◽  
Author(s):  
David Singh Grewal

Against the celebratory view of globalization comes the charge that globalization represents a kind of empire. But this charge requires a framework in which we can identify the power at work in apparently voluntary processes, such as learning English or joining the World Trade Organization. I advance a concept of “network power” to explain the dynamic that drives many key aspects of globalization. A network is united via a standard, which is the shared norm or convention that enables coordination among its users, such as a language that allows communication among its speakers. A widely used standard is more valuable than a less used one, simply because it governs access to a larger network of people. The idea of network power generalizes this fact to describe globalization as the rise to global dominance of standards that have achieved critical mass in language, high technology, trade, law, and many other areas. It also characterizes the rise to dominance of a successful standard as involving a form of power. While these new standards allow for global coordination, they also eclipse local standards, rendering them unviable to the extent that they prove incompatible with dominant ones. Therefore many of the choices driving globalization are only formally free and, in fact, are constrained because the network power of a dominant standard makes it the only effectively available option. It is this dynamic that generates much of the resentment against globalization and the criticism that it reflects a new imperialism.

2012 ◽  
Vol 15 (1) ◽  
pp. 103-118
Author(s):  
Jacek Hibner

Due to the rapidly growing use of the Internet, the development of electronic commerce (defined by the World Trade Organization as “the production, distribution, marketing, sale or delivery of goods and services by electronic means”1) has become one of the key aspects of today’s sustained growth. It influences productivity, facilitates the international movement of goods and services, and stimulates export and import trade. The European Union, as well as many multinational organisations, is working towards the harmonisation of their rules, and to facilitate and streamline this kind of international exchange. In this article, the author presents selected documents on electronic commerce published by the United Nations Commission on International Trade Law, the World Trade Organization, the Organisation for Economic Cooperation and Development, the International Chamber of Commerce and the European Union since 1994.


2021 ◽  
pp. 1-24
Author(s):  
Victor Crochet ◽  
Marcus Gustafsson

Abstract Discontentment is growing such that governments, and notably that of China, are increasingly providing subsidies to companies outside their jurisdiction, ‘buying their way’ into other countries’ markets and undermining fair competition therein as they do so. In response, the European Union recently published a proposal to tackle such foreign subsidization in its own market. This article asks whether foreign subsidies can instead be addressed under the existing rules of the World Trade Organization, and, if not, whether those rules allow States to take matters into their own hands and act unilaterally. The authors shed light on these issues and provide preliminary guidance on how to design a response to foreign subsidization which is consistent with international trade law.


Author(s):  
Charlotte E. Blattner

This chapter explores the breadth and scope of options available to states that want to indirectly protect animals across the border, in particular under the law of the World Trade Organization (WTO). The flurry of academic discussion at the intersection of animal and trade law was sparked by the Appellate Body’s Seals report in 2014, but it failed to cut deep enough to link to the doctrine of jurisdiction under general international law, and efforts to enter negotiations to more thoroughly protect animals in trade never materialized. The author advances the discussion and fills a gap in scholarship by examining whether and how states can use trade law to indirectly protect animals abroad through import prohibitions, taxes and tariffs, as well as labels. An analysis of the legality of trade-restrictive measures that indirectly protect animals under the General Agreement on Tariffs and Trade (GATT) precedes a discussion of justifications for violating the agreement.


2004 ◽  
Vol 65 (4) ◽  
Author(s):  
Sungjoon Cho

On August 30, 2002, the World Trade Organization (WTO) authorized the European Communities (EC) to suspend its tariff concessions and other obligations toward the United States to the extent of U.S. $4 billion for the latter’s failure to comply with the Appellate Body’s decision that the United States had violated the WTO rules, in particular, the WTO Subsidy Code by providing the prohibited subsidies to foreign sales corporations (FSCs) in the form of tax breaks (the FSC Article 22.6 Report). The sheer scale of the EC’s suspension in response to the U.S. violation is unprecedented, far surpassing the suspensions authorized in two previous cases that invoked the WTO enforcement mechanism, Banana III and Hormones. At first glance, this dramatic finale for such a high-profile case might be welcomed as an impressive revelation of the real achievement of the WTO system equipped with teeth, unlike its predecessor the old GATT.


Author(s):  
Joost Pauwelyn

This chapter argues that the World Trade Organization (WTO) approach to sources of law is legal-positivist, non-teleological, and focused predominantly on the text of WTO covered agreements as explicitly agreed to by WTO members. This approach places heavy reliance on a de facto rule of precedent and an increasing role for non-binding instruments, with little or no reference to academic writings and a limited role for non-WTO rules of international law other than mainly procedural rules of general international law. Moreover, the WTO’s sources doctrine remains relatively traditional or mainstream. It is difficult to speak of a WTO- or trade-specific ‘deviation’ from the general rule of recognition regarding the establishment of sources. At the same time, the WTO experience does have specific features, with a more prominent role for some sources over others and some pushing of the boundaries when it comes to certain less traditional sources of international law.


2006 ◽  
Vol 19 (3) ◽  
pp. 633-667 ◽  
Author(s):  
ERNST-ULRICH PETERSMANN

Governments perceive UN human rights conventions and the law of the World Trade Organization (WTO) as separate legal regimes. WTO jurisprudence, by contrast, interprets WTO rules as parts of international law and may soon be confronted with legal claims that WTO obligations are to be construed with due regard to the human rights obligations of WTO members. The diverse constitutional traditions of WTO members, and their political opposition to linking WTO law to human rights, make it unlikely that WTO members will respond to the UN proposals for a ‘human rights approach to trade’ by adopting a WTO Declaration clarifying that WTO rules are flexible enough to be interpreted and applied in conformity with the human rights obligations of WTO members (section 1). Following the invitation by WTO Director-General Pascal Lamy to form ‘cosmopolitan constituencies’ in support of global public goods (like a rules-based world trading system), this article makes concrete proposals for the initiative by the International Law Association (ILA) to elaborate an ILA Declaration clarifying the complex interrelationships between trade law, human rights and WTO jurisprudence (section 2). As many human rights arguments presented in trade disputes in the EC Court and in the European Court of Human Rights could likewise be raised in WTO dispute settlement proceedings, the article examines whether the ‘constitutional methodologies’ applied by European courts offer lessons for further ‘constitutionalizing’ trade governance in the WTO in conformity with the human rights obligations of all WTO members.


2021 ◽  
Author(s):  
◽  
Fitria Anindhita H. Wibowo

<p>This paper looks at the origin and nature of the precautionary principle as an emerging principle in international law that arises as a response to the impacts of human activities on the environment. As a chosen focus, this paper discusses the implication of the precautionary principle on international trade by looking at its relationship and interaction with international trade law under the World Trade Organization. This paper explores the consistency and conflicts between the precautionary principle and the rules under the WTO Agreements by examining the different and possibly similar values underlying both. This paper discusses the problem areas where the precautionary principle can conflict with WTO rules as well as explore areas where they can be made to comply with each other.</p>


1996 ◽  
Vol 9 (2) ◽  
pp. 337-360
Author(s):  
David Palmeter

The General Agreement on Tariffs and Trade (GATT) began more as a diplomatic forum where parties compromised disagreements than a court that settled them. The term ‘conciliation’ was used more frequently to describe the process than the term ‘dispute settlement’. However, over nearly half a century as the focal point of international trade law and diplomacy, GATT's dispute settlement procedures moved decidedly, if not steadily, from the diplomatic to the juridical. With the adoption of the Marrakesh Agreement Establishing the World Trade Organization (WTO), the juridical model clearly has prevailed.


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