Robert Howse
Dados Biográficos
| ID | 957412 |
|---|---|
| NOME | Robert Howse |
| PRENOMES | Robert |
| SOBRENOME | Howse |
| ASSINATURA | HOWSE R |
| AFILIAÇÕES | New York University |
| VERIFICADO | Não |
| TOTAL DE OBRAS | 36 |
| TOTAL DE CITAÇÕES | 115 |
| TOTAL COMO AUTOR | 35 |
| TOTAL COMO EDITOR | 1 |
| PRIMEIRO ANO DE PUBLICAÇÃO | 1990 |
| ANO MAIS RECENTE DE PUBLICAÇÃO | 2023 |
| ÍNDICE H | 6 |
Continuity and Change in the World Trade Organization
The World Trade Organization is at an important institutional crossroads, buffeted by critique and with its once-heralded dispute system in doubt. Despite some achievements at the 2022 MC12 Ministerial Conference, the WTO appears in crisis, without a strong institutional mandate. In this Article, we offer a vision for its future, rooted in a particular interpretation of its past. The WTO's legal architecture is characterized by a resilient plural…
The Limits of the WTO
In “Governing the Interface of U.S.-China Trade Relations,” Gregory Shaffer argues that legal rules and dispute processes can play a major role in managing conflict and competition between the United States and China. While trade is the central focus of Shaffer's article, he realizes that it cannot be severed from other dimensions of the great power rivalry, including human rights and security issues. Shaffer rejects the idea promoted by some sch…
Appointment with Destiny
Nothing has done more to shake confidence in the World Trade Organization, and create uncertainty in rules‐based international trade, than the demise of the WTO’s Appellate Body (AB). Given the design of the WTO Dispute Settlement Understanding (DSU), in the absence of a functioning Appellate Body, members cannot have confidence in the finality or enforceability of panel rulings. Thus, a fundamental premise of the legal commitments under WTO trea…
Towards Global Governance
Human rights and the UN drug control regime have long had an uneasy relationship, which is evident today in the tensions that exist between criminal justice reform advocates, the institutions of the UN drug control regime, and economic interests that stand to benefit from decriminalization and legalization efforts. The UN drug control regime's relationship with human rights cannot be properly discussed without acknowledging its colonial and racis…
Response to Symposium Participants
I am grateful to Professor David Schaefer for organizing this symposium and to him and the other participants for engaging with my book Leo Strauss Man of Peace. All the participants seem to think
L'Europe et le nouvel ordre du monde
Schmitt, Schmitteanism and Contemporary International Legal Theory
This chapter provides an overview of the concepts and arguments of Carl Schmitt (1888–1985)—Hitler’s chief legal official and an international law apologist for Nazi aggression — that have gained the most purchase in contemporary international legal discourse, primarily international legal theory. The chapter critically engages with a select group of scholars who have deployed Schmitt in contemporary international legal theory. These are: Martti …
The World Trade Organization 20 Years On
This article presents a narrative about the building of an effective, legitimate judicial system in the World Trade Organization (WTO) through a period of intense diplomatic and political divisiveness and prevailing perception of impasse and malaise in the Organization. At the centre of the narrative is the Appellate Body of the WTO, a standing body of seven jurists charged with deciding appeals of law. The Appellate Body, as will be elaborated, …
The WTO 20 Years On
Leo Strauss and the Crisis of Rationalism
Venus, Mars, and Brussels
Late last year, the European Commission unveiled an ambitious and complex proposal to replace investor-state arbitration with a transnational court, including an appellate instance, which has now been incorporated into its new bilateral agreements with Vietnam and Canada (CETA). The Commission was responding to strong public resistance to including investor protections in the Transatlantic Trade and Investment Partnership (TTIP), the trade and in…
Reut Yael Paz. A Gateway between a Distant God and a Cruel World
This rich and erudite work provides a valuable scholarly apparatus for understanding the writing and teaching of four important figures in international law and international relations. Three of them, Hans Kelsen, Hans Morgenthau and Hersch Lauterpacht, are well known; the fourth, Erich Kaufmann, much less so. The general thesis of the book is that to understand fully the personal and intellectual trajectories of all of these figures, one needs t…
(Thousand) Shades of Grey
As an account of the practice of philosophers up to at least the end of the eighteenth century, Melzer's book is a great success: he brings out an enormous body of historical evidence that older philosophers concealed or withheld the extent of their political, social, and religious unorthodoxy to avoid persecution. Echoing a theme of Strauss, Melzer also postulates that philosophers engaged in methods of concealment or even dissimulation to prote…
Humanity Bounded and Unbounded
One of the most complex and uncertain areas of international legal doctrine concerns how to deal with the aspiration of a people to achieve self-determination through the establishment of a new state and the related claim to a specific territory over which statehood is to be exercised. Recently, when the General Assembly of the United Nations referred to the International Court of Justice the question of the legality of the declaration of indepen…
Thucydides and Just War
Thucydides is usually considered a realist thinker who denies a meaningful place to right or justice in international relations. In Just and Unjust Wars, however, Michael Walzer develops a powerful critique of realism through an engagement with Thucydides. This article compares Walzer's treatment with Leo Strauss's anti-realist interpretation of Thucydides, suggesting many similarities between Walzer's approach and Strauss's. Both Walzer and Stra…
Beyond the Countertrade Taboo
Associated during the Cold War with currency controls, unreal exchange rates, administratively managed trade, and other pathologies of command economies, barter and other forms of countertrade such as counterpurchase have more than survived the end of Communism. In official trade-policy circles, however, there is a marked and long-standing distaste for countertrade, stemming from their strong association with the dysfunctions of command economies…
The Use and Abuse of WTO Law in Investor-State Arbitration
Human Rights, International Economic Law and Constitutional Justice
Petersmann writes of a ' consensus ' among economists about the gains from free trade, or freer trade, a gross oversimplifi cation, if not outright misstatement, of state of art economic theory.See, for instance, Rodrik, ' Rethinking Growth Policies in the Developing World ' , Luca d'Agliano Lecture in Development Economics, Turin, Italy, 8 Oct. 2004.The very examples that Petersmann uses of countries which have experienced rapid economic growth,…
Europe and the New World Order
The received wisdom of the times is that a wide gulf has opened up between ‘Europe’ and ‘America’ – or at least has finally become visible. A commitment to a certain vision of international law is presented as a European trait that divides Europe from the United States. ‘European’ international law premises perpetual peace on rules that protect state sovereignty and sustain a world divided into territorial states, and it is at odds with the US pr…
Argonauts of the Western Pacific
Bronislaw Malinowski's *Argonauts of the Western Pacific*, first published in 1922, is a foundational work in anthropology. It details Malinowski's extensive ethnographic research conducted between 1914 and 1918 among the Trobriand Islanders of Melanesia. The book focuses on the Kula ring, a complex system of ceremonial exchange involving the circulation of shell valuables (necklaces and armbands) across a vast network of islands. Malinowski meti…
Enhancing WTO Legitimacy
Increasingly, scholars have articulated the challenge of global economic governance in constitutional terms. The World Trade Organization (WTO) is often painted as an incipient global economic constitution. Its legitimacy would be enhanced, some contend, by transforming the WTO treaty system into a federal construct. But the application of the language of constitutionalism to the WTO is likely to exacerbate the fears of the “discontents” of globa…
The WTO on Trial
GLOBAL LAW, GLOBAL POLITICS LAST FALL, ajudicial panel ofthe World Trade Organization (WTO) iS sued a controversial ruling in a high-stakes corporate tax dispute between the United States and the European Union. Paying scant attention to the complexities of the case, the panel authorized Brussels to implement retaliatory sanctions of $4 billion-an unprecedented sum-against Washington. Notably, around the same time the United States and its Europe…
‘This is my EUtopia ...’
The original comparative mission of JCMS testifies to the propensity of the EU, since its inception, to project its model on to the rest of the world. This article argues that narratives of projection are indeed key to the EU’s global influence and that, in this particular sense, the idea of Europe as a civilian power is more relevant than ever. But such narratives require our engagement with their reflexive nature: what is usually projected is n…
The Road to Baghdad is Paved with Good Intentions
In commenting on the articles by Craven and O'Connell, the author challenges the validity of the internationalist fantasy of an effective UN‐based collective security system in the post‐Cold War world. He characterizes the Security Council‐imposed sanctions against Iraq as an effort to give the appearance of doing something while avoiding the more difficult, but likely more effective choice of seeking to destroy the regime of Saddam Hussein throu…
Human Rights in the WTO
The relationship between human rights and market freedoms is far more complex than Petersmann acknowledges. Although Petersmann relies heavily upon notions such as constitutionalism and democratic decision‐making, the terms are ill‐defined and their application unconvincing. The author engages with Petersmann's contention that governments would contemplate greater international market intervention to promote social goals and challenges his interp…
From Politics to Technocracy—and Back Again
As is known to every student of trade law and policy, the modern idea of free trade originates from the theories of absolute and comparative advantage developed by the classical political economists, Adam Smith and David Ricardo. Smith and Ricardo both addressed themselves to a sovereign unilaterally deciding its trade policy. They concluded that, with some qualifications or exceptions, a policy of liberalizing restrictions on imports would maxim…
Enhancing WTO Legitimacy
Increasingly, scholars have articulated the challenge of global economic governance in constitutional terms. The World Trade Organization (WTO) is often painted as an incipient global economic constitution. Its legitimacy would be enhanced, some contend, by transforming the WTO treaty system into a federal construct. But the application of the language of constitutionalism to the WTO is likely to exacerbate the fears of the “discontents” of globa…
The World Trade Organization 20 Years On
This article presents a narrative about the building of an effective, legitimate judicial system in the World Trade Organization (WTO) through a period of intense diplomatic and political divisiveness and prevailing perception of impasse and malaise in the Organization. At the centre of the narrative is the Appellate Body of the WTO, a standing body of seven jurists charged with deciding appeals of law. The Appellate Body, as will be elaborated, …
The product/process distinction - an illusory basis for disciplining 'unilateralism' in trade policy
It has become conventional wisdom that internal regulations that distinguish between products on the basis of their production method are GATT-illegal, where applied to restrict imports (although possibly some such measures might be justified as 'exceptions' under Article XX). The aim of this article is to challenge this conventional wisdom, both from a jurisprudential and a policy perspective. First, we argue there is no real support in the text…
The Federal Vision
Preface Introduction: The Federal Vision, Levels of Governance, and Legitimacy PART I. ARTICULATING THE FEDERAL VISION The United States and the European Union: Models for Their Epochs Federalism without Constitutionalism: Europe's Sonderweg PART II. LEVELS OF GOVERNANCE IN THE UNITED STATES AND THE EUROPEAN UNION: FACTS AND DIAGNOSIS Centralization and Its Discontents: The Rhythms of Federalism in the United States and the European Union Bluepri…
The Regulation of International Trade
Institutions for Restorative Justice
Proposes a different view of South Africa’s Truth & Reconciliation Commission (TRC), which challenges the conception of justice that underlies criminal trials. Limits of criminal trials; Support for restorative justice; Model of restorative justice in South Africa; Comparison with retributive justice; Strengths and weaknesses of the TRC
The WTO on Trial
GLOBAL LAW, GLOBAL POLITICS LAST FALL, ajudicial panel ofthe World Trade Organization (WTO) iS sued a controversial ruling in a high-stakes corporate tax dispute between the United States and the European Union. Paying scant attention to the complexities of the case, the panel authorized Brussels to implement retaliatory sanctions of $4 billion-an unprecedented sum-against Washington. Notably, around the same time the United States and its Europe…
Human Rights in the WTO
The relationship between human rights and market freedoms is far more complex than Petersmann acknowledges. Although Petersmann relies heavily upon notions such as constitutionalism and democratic decision‐making, the terms are ill‐defined and their application unconvincing. The author engages with Petersmann's contention that governments would contemplate greater international market intervention to promote social goals and challenges his interp…
Europe and the New World Order
The received wisdom of the times is that a wide gulf has opened up between ‘Europe’ and ‘America’ – or at least has finally become visible. A commitment to a certain vision of international law is presented as a European trait that divides Europe from the United States. ‘European’ international law premises perpetual peace on rules that protect state sovereignty and sustain a world divided into territorial states, and it is at odds with the US pr…
Continuity and Change in the World Trade Organization
The World Trade Organization is at an important institutional crossroads, buffeted by critique and with its once-heralded dispute system in doubt. Despite some achievements at the 2022 MC12 Ministerial Conference, the WTO appears in crisis, without a strong institutional mandate. In this Article, we offer a vision for its future, rooted in a particular interpretation of its past. The WTO's legal architecture is characterized by a resilient plural…
Smaller or Smarter Government
Robert Howse, J. Robert S. Prichard, Michael J. Trebilcock, Smaller or Smarter Government?, The University of Toronto Law Journal, Vol. 40, No. 3, Special Issue on Administrative Law (Summer, 1990), pp. 498-541
Thucydides and Just War
Thucydides is usually considered a realist thinker who denies a meaningful place to right or justice in international relations. In Just and Unjust Wars, however, Michael Walzer develops a powerful critique of realism through an engagement with Thucydides. This article compares Walzer's treatment with Leo Strauss's anti-realist interpretation of Thucydides, suggesting many similarities between Walzer's approach and Strauss's. Both Walzer and Stra…
Beyond the Countertrade Taboo
Associated during the Cold War with currency controls, unreal exchange rates, administratively managed trade, and other pathologies of command economies, barter and other forms of countertrade such as counterpurchase have more than survived the end of Communism. In official trade-policy circles, however, there is a marked and long-standing distaste for countertrade, stemming from their strong association with the dysfunctions of command economies…
Trade and Transitions
Smaller or Smarter Government
Robert Howse, J. Robert S. Prichard, Michael J. Trebilcock, Smaller or Smarter Government?, The University of Toronto Law Journal, Vol. 40, No. 3, Special Issue on Administrative Law (Summer, 1990), pp. 498-541
Trade and Transitions
Protecting the Employment Bargain
Robert Howse, Michael J. Trebilcock, Protecting the Employment Bargain, The University of Toronto Law Journal, Vol. 43, No. 3, Special Issue on Corporate Stakeholder Debate: The Classical Theory and Its Critics (Summer, 1993), pp. 751-792
The Regulation of International Trade
Liberal Accommodation
From Legitimacy to Dictatorship—and Back Again
The encounter between Carl Schmitt and Leo Strauss remains a source of fascination and polemics for the friends and enemies of both thinkers. According to Stephen Holmes, both Schmitt and Strauss belong to a single tradition of anti-liberalism, whose ultimate practical implication is suggested by Schmitt's fate as a Nazi apologist. Indeed, Holmes places much emphasis on Strauss's criticism of Schmitt for failing to develop a critique of liberalis…
Institutions for Restorative Justice
Proposes a different view of South Africa’s Truth & Reconciliation Commission (TRC), which challenges the conception of justice that underlies criminal trials. Limits of criminal trials; Support for restorative justice; Model of restorative justice in South Africa; Comparison with retributive justice; Strengths and weaknesses of the TRC
The product/process distinction - an illusory basis for disciplining 'unilateralism' in trade policy
It has become conventional wisdom that internal regulations that distinguish between products on the basis of their production method are GATT-illegal, where applied to restrict imports (although possibly some such measures might be justified as 'exceptions' under Article XX). The aim of this article is to challenge this conventional wisdom, both from a jurisprudential and a policy perspective. First, we argue there is no real support in the text…
The Federal Vision
This book is about the complex and changing relationship between levels of governance in the US and the European Union. On the basis of a transatlantic dialogue between scholars concerned about modes of governance on both sides, it is a collective attempt at analysing the ramifications of the legitimacy crisis in these multi‐layered democracies, and possible remedies to this. Starting from a focus on the current policy debates over ‘devolution’ a…
‘This is my EUtopia ...’
The original comparative mission of JCMS testifies to the propensity of the EU, since its inception, to project its model on to the rest of the world. This article argues that narratives of projection are indeed key to the EU’s global influence and that, in this particular sense, the idea of Europe as a civilian power is more relevant than ever. But such narratives require our engagement with their reflexive nature: what is usually projected is n…
The Road to Baghdad is Paved with Good Intentions
In commenting on the articles by Craven and O'Connell, the author challenges the validity of the internationalist fantasy of an effective UN‐based collective security system in the post‐Cold War world. He characterizes the Security Council‐imposed sanctions against Iraq as an effort to give the appearance of doing something while avoiding the more difficult, but likely more effective choice of seeking to destroy the regime of Saddam Hussein throu…
Human Rights in the WTO
The relationship between human rights and market freedoms is far more complex than Petersmann acknowledges. Although Petersmann relies heavily upon notions such as constitutionalism and democratic decision‐making, the terms are ill‐defined and their application unconvincing. The author engages with Petersmann's contention that governments would contemplate greater international market intervention to promote social goals and challenges his interp…
The Federal Vision
Preface Introduction: The Federal Vision, Levels of Governance, and Legitimacy PART I. ARTICULATING THE FEDERAL VISION The United States and the European Union: Models for Their Epochs Federalism without Constitutionalism: Europe's Sonderweg PART II. LEVELS OF GOVERNANCE IN THE UNITED STATES AND THE EUROPEAN UNION: FACTS AND DIAGNOSIS Centralization and Its Discontents: The Rhythms of Federalism in the United States and the European Union Bluepri…
From Politics to Technocracy—and Back Again
As is known to every student of trade law and policy, the modern idea of free trade originates from the theories of absolute and comparative advantage developed by the classical political economists, Adam Smith and David Ricardo. Smith and Ricardo both addressed themselves to a sovereign unilaterally deciding its trade policy. They concluded that, with some qualifications or exceptions, a policy of liberalizing restrictions on imports would maxim…
Enhancing WTO Legitimacy
Increasingly, scholars have articulated the challenge of global economic governance in constitutional terms. The World Trade Organization (WTO) is often painted as an incipient global economic constitution. Its legitimacy would be enhanced, some contend, by transforming the WTO treaty system into a federal construct. But the application of the language of constitutionalism to the WTO is likely to exacerbate the fears of the “discontents” of globa…
The WTO on Trial
GLOBAL LAW, GLOBAL POLITICS LAST FALL, ajudicial panel ofthe World Trade Organization (WTO) iS sued a controversial ruling in a high-stakes corporate tax dispute between the United States and the European Union. Paying scant attention to the complexities of the case, the panel authorized Brussels to implement retaliatory sanctions of $4 billion-an unprecedented sum-against Washington. Notably, around the same time the United States and its Europe…
Argonauts of the Western Pacific
Bronislaw Malinowski's *Argonauts of the Western Pacific*, first published in 1922, is a foundational work in anthropology. It details Malinowski's extensive ethnographic research conducted between 1914 and 1918 among the Trobriand Islanders of Melanesia. The book focuses on the Kula ring, a complex system of ceremonial exchange involving the circulation of shell valuables (necklaces and armbands) across a vast network of islands. Malinowski meti…
Europe and the New World Order
The received wisdom of the times is that a wide gulf has opened up between ‘Europe’ and ‘America’ – or at least has finally become visible. A commitment to a certain vision of international law is presented as a European trait that divides Europe from the United States. ‘European’ international law premises perpetual peace on rules that protect state sovereignty and sustain a world divided into territorial states, and it is at odds with the US pr…
Human Rights, International Economic Law and Constitutional Justice
Petersmann writes of a ' consensus ' among economists about the gains from free trade, or freer trade, a gross oversimplifi cation, if not outright misstatement, of state of art economic theory.See, for instance, Rodrik, ' Rethinking Growth Policies in the Developing World ' , Luca d'Agliano Lecture in Development Economics, Turin, Italy, 8 Oct. 2004.The very examples that Petersmann uses of countries which have experienced rapid economic growth,…
The Use and Abuse of WTO Law in Investor-State Arbitration
Beyond the Countertrade Taboo
Associated during the Cold War with currency controls, unreal exchange rates, administratively managed trade, and other pathologies of command economies, barter and other forms of countertrade such as counterpurchase have more than survived the end of Communism. In official trade-policy circles, however, there is a marked and long-standing distaste for countertrade, stemming from their strong association with the dysfunctions of command economies…
Humanity Bounded and Unbounded
One of the most complex and uncertain areas of international legal doctrine concerns how to deal with the aspiration of a people to achieve self-determination through the establishment of a new state and the related claim to a specific territory over which statehood is to be exercised. Recently, when the General Assembly of the United Nations referred to the International Court of Justice the question of the legality of the declaration of indepen…
Thucydides and Just War
Thucydides is usually considered a realist thinker who denies a meaningful place to right or justice in international relations. In Just and Unjust Wars, however, Michael Walzer develops a powerful critique of realism through an engagement with Thucydides. This article compares Walzer's treatment with Leo Strauss's anti-realist interpretation of Thucydides, suggesting many similarities between Walzer's approach and Strauss's. Both Walzer and Stra…
Leo Strauss and the Crisis of Rationalism
Venus, Mars, and Brussels
Late last year, the European Commission unveiled an ambitious and complex proposal to replace investor-state arbitration with a transnational court, including an appellate instance, which has now been incorporated into its new bilateral agreements with Vietnam and Canada (CETA). The Commission was responding to strong public resistance to including investor protections in the Transatlantic Trade and Investment Partnership (TTIP), the trade and in…
Political science (30 obras) · Sociology (20 obras) · Law (18 obras) · Law and economics (18 obras) · Economics (17 obras) · Law (17 obras) · International trade (14 obras) · Politics (14 obras) · World Trade Organization Law (13 obras) · Political economy (9 obras)