From a macroeconomic perspective, the historical evolution of trade and commerce has been closely entangled in a two-way or paradoxical relationship with the evolution of laws, in which one is inextricably linked to the other and both mutually influence each other. At the microeconomic level,...

The dispute settlement system of the WTO was faced with major challenges in its first few years. It has functioned very well in spite of serious pressures from the sheer number of cases that were brought; the increasing complexity and economic significance of disputes; the strict,short...

This article will analyze the interplay between capital movements and trade in services as structured in World Trade Organization (WTO) law, and it will assess the implications of the capital account liberalization for the freedom of WTO Members to pursue their economic policies. Although the...

The WTO law of remedies for violation appears incoherent. States that fail to comply with their obligations are subject to WTO-authorized retaliation. First, this retaliation takes the inefficient form of blocked trade by the complaining state. This remedy is unlikely to be useful to developing...

Constitutions have many dimensions. These dimensions include at least the following: - an economic constitution in the sense of a set of rules for exchange of value and authority, - an interfunctional constitution that allows for the integration of various social values, - a political...

A majority of the WTO membership today is Developing Countries. The current trade negotiating round is entitled the Doha Development Round and is intended to focus on issues of concern to the developing nations. There is an ongoing debate as to whether developing nations should be accorded...

With the creation and implementation of the February 1997 World Trade Organization Agreement on Basic Telecommunications Services (the February Accord or WTO Agreement), the international telecommunications community has (at least on paper) promised ostensibly to move away from markets...

This paper argues that, by committing a series of egregious interpretative errors in cases with important policy consequences and by adopting an overly strict approach to the use of precedent, the AB drove itself into the crisis it is currently going through. It also proposes a blueprint to...

By reducing the costs of such trade services as transport, insurance, and finance, liberalizing trade in services can generate benefits in the markets for every kind of trade they facilitate. It can also stimulate the fragmentation of production of both goods and services, thus increasing...

The World Trade Organization (WTO) is in need of reform, including new rules. While there is not yet a comprehensive reform agenda for the WTO, developing e-commerce rules should be seen as part of WTO reform in two respects. First, the development of such rules will allow the WTO to demonstrate...