IDEAS home Printed from https://ideas.repec.org/p/zbw/sfb597/17.html
   My bibliography  Save this paper

Juridification patterns for social regulation and the WTO: A theoretical framework

Author

Listed:
  • Joerges, Christian

Abstract

Free Trade has always been highly contested, but both the arguments about it and the treaties that regulate it have changed dramatically since the Second World War. Under the 1947 General Agreement on Tariffs and Trade (GATT) regime, objections to free trade were essentially economic, and tariffs were a nation state's primary means of protecting its interests. However, by the early 1970s, tariffs had been substantially reduced, and the imposition and removal of non-tariff barriers that reflected a wide range of domestic concerns about the protection of health, safety, and the environment have since come to dominate trade agreements and their implementation. The expanding scope of these international treaties, and their effect on domestic regulatory objectives, has created new challenges for the nationstate, and for the international trade system as a whole. Domestic regulatory objectives that are generally embedded in a nation state's legal system or even in its constitution, are now negotiable and are susceptible to adjudication at the international level where they may, or may not, be used to camouflage unrelated economic interests. The international trade system adapted to this situation in 1994 by transforming the GATT into the World Trade Organization (WTO), which has more effective means for dispute resolution and includes a number of special agreements - such as the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS) and the Agreement on Technical Barriers to Trade (TBT) - with rules for balancing the economic concerns of free trade with the social concerns of regulatory objectives. These developments have generated legal queries about the general legitimacy of transnational governance arrangements and their "constitutionalization", i.e. the quest for transnational governance that is mediated by law and not only accepted de facto but considered deserving of acceptance.

Suggested Citation

  • Joerges, Christian, 2005. "Juridification patterns for social regulation and the WTO: A theoretical framework," TranState Working Papers 17, University of Bremen, Collaborative Research Center 597: Transformations of the State.
  • Handle: RePEc:zbw:sfb597:17
    as

    Download full text from publisher

    File URL: https://www.econstor.eu/bitstream/10419/28267/1/497822105.PDF
    Download Restriction: no
    ---><---

    References listed on IDEAS

    as
    1. Jürgen Neyer, 2003. "Discourse and Order in the EU," Journal of Common Market Studies, Wiley Blackwell, vol. 41(4), pages 687-706, September.
    2. repec:bla:jcmkts:v:41:y:2003:i::p:687-706 is not listed on IDEAS
    3. Christian Joerges & Jürgen Neyer, 2003. "Politics, risk management, World Trade Organisation governance and the limits of legalisation," Science and Public Policy, Oxford University Press, vol. 30(3), pages 219-225, June.
    4. Abbott, Kenneth W. & Keohane, Robert O. & Moravcsik, Andrew & Slaughter, Anne-Marie & Snidal, Duncan, 2000. "The Concept of Legalization," International Organization, Cambridge University Press, vol. 54(3), pages 401-419, July.
    5. Christian Joerges, 2004. "What is Left of the European Economic Constitution?," EUI-LAW Working Papers 13, European University Institute (EUI), Department of Law.
    6. Ernst-Ulrich Petersmann, 2003. "Constitutional Economics, Human Rights and the Future of the WTO," Aussenwirtschaft, University of St. Gallen, School of Economics and Political Science, Swiss Institute for International Economics and Applied Economics Research, vol. 58(01), pages 47-92, March.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Eloi Laurent & Jacques Le Cacheux, 2006. "Integrity and Efficiency in the EU: The Case against the European economic constitution," Working Papers hal-00972707, HAL.
    2. Adela Toscano-Valle & Antonio Sianes & Francisco Santos-Carrillo & Luis A. Fernández-Portillo, 2022. "Can the Rational Design of International Institutions Solve Cooperation Problems? Insights from a Systematic Literature Review," Sustainability, MDPI, vol. 14(13), pages 1-22, June.
    3. Jesse L. Reynolds & Edward A. Parson, 2020. "Nonstate governance of solar geoengineering research," Climatic Change, Springer, vol. 160(2), pages 323-342, May.
    4. repec:got:cegedp:94 is not listed on IDEAS
    5. Liesbet Hooghe & Gary Marks, 2015. "Delegation and pooling in international organizations," The Review of International Organizations, Springer, vol. 10(3), pages 305-328, September.
    6. Sylvia Karlsson-Vinkhuyzen & Harro Asselt, 2009. "Introduction: exploring and explaining the Asia-Pacific Partnership on Clean Development and Climate," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 9(3), pages 195-211, August.
    7. Fabio Franchino & Camilla Mariotto, 2021. "Noncompliance risk, asymmetric power and the design of enforcement of the European economic governance," European Union Politics, , vol. 22(4), pages 591-610, December.
    8. Christian Joerges; Jurgen Neyer, 2006. "Deliberative Supranationalism Revisited," EUI-LAW Working Papers 20, European University Institute (EUI), Department of Law.
    9. Anne van Aaken, 2009. "Effectuating Public International Law through Market Mechanisms?," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 165(1), pages 33-57, March.
    10. Rasche, Andreas, 2015. "The corporation as a political actor – European and North American perspectives," European Management Journal, Elsevier, vol. 33(1), pages 4-8.
    11. Paul A. Schulte & Ivo Iavicoli & Luca Fontana & Stavroula Leka & Maureen F. Dollard & Acran Salmen-Navarro & Fernanda J. Salles & Kelly P. K. Olympio & Roberto Lucchini & Marilyn Fingerhut & Francesco, 2022. "Occupational Safety and Health Staging Framework for Decent Work," IJERPH, MDPI, vol. 19(17), pages 1-28, August.
    12. Lisa Lechner, 2018. "Good for some, bad for others: US investors and non-trade issues in preferential trade agreements," The Review of International Organizations, Springer, vol. 13(2), pages 163-187, June.
    13. Di Ubaldo, Mattia & Gasiorek, Michael, 2022. "Non-trade provisions in trade agreements and FDI," European Journal of Political Economy, Elsevier, vol. 75(C).
    14. Eloi Laurent & Jacques Le Cacheux, 2006. "Country size and strategic aspects of structural reforms in the EU," SciencePo Working papers Main hal-00976439, HAL.
    15. Damian Raess & Andreas Dür & Dora Sari, 2018. "Protecting labor rights in preferential trade agreements: The role of trade unions, left governments, and skilled labor," The Review of International Organizations, Springer, vol. 13(2), pages 143-162, June.
    16. Eloi Laurent & Jacques Le Cacheux, 2007. "What (Economic) Constitution Does the EU Need ?," Working Papers hal-00972757, HAL.
    17. Adis Dzebo, 2019. "Effective governance of transnational adaptation initiatives," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 19(4), pages 447-466, October.
    18. Yoram Z. Haftel & Tobias Lenz, 2022. "Measuring institutional overlap in global governance," The Review of International Organizations, Springer, vol. 17(2), pages 323-347, April.
    19. Fikri Muhammad, 2022. "Environmental agreement under the non-interference principle: the case of ASEAN agreement on transboundary haze pollution," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 22(1), pages 139-155, March.
    20. MILE 09, Maria Anna Corvaglia, 2013. "The Complementarity of Soft and Hard Law in Public Procurement: between Harmonization and Resiliance," Papers 550, World Trade Institute.
    21. Hamanaka, Shintaro, 2012. "Evolutionary paths toward a region-wide economic agreement in Asia," Journal of Asian Economics, Elsevier, vol. 23(4), pages 383-394.

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:zbw:sfb597:17. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: ZBW - Leibniz Information Centre for Economics (email available below). General contact details of provider: https://edirc.repec.org/data/zesbrde.html .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.