Petros C Mavroidis
Dados Biográficos
| ID | 5697994 |
|---|---|
| NOME | Petros C Mavroidis |
| PRENOMES | Petros C |
| SOBRENOME | Mavroidis |
| ASSINATURA | MAVROIDIS P C |
| AFILIAÇÕES | University of Neuchâtel |
| VERIFICADO | Não |
| TOTAL DE OBRAS | 21 |
| TOTAL DE CITAÇÕES | 36 |
| TOTAL COMO AUTOR | 21 |
| TOTAL COMO EDITOR | 0 |
| PRIMEIRO ANO DE PUBLICAÇÃO | 1996 |
| ANO MAIS RECENTE DE PUBLICAÇÃO | 2023 |
| ÍNDICE H | 4 |
China in the WTO Twenty Years On
China’s participation in the World Trade Organization (WTO) has been a rollercoaster of milestones and frictions. China has emerged as a leading trading nation, which has contributed to the expansion of world trade. Some of its trading partners, however, and most vocally the United States, complain that China has reached its new status by eluding its WTO commitments. Under President Trump, the United States reacted strongly against China, almost …
Geopolitical competition, globalisation and WTO reform
This paper discusses options to manage spillovers of unilateral trade policies motivated by national security and other non‐economic objectives on global trade and investment. Within the WTO framework, we argue a ‘specific trade concern’ mechanism is likely to be more effective than dispute settlement to address national security‐motivated trade intervention. More broadly, we propose creation of a platform for governments, supported by relevant i…
WTO Reform
Since its formation, with a few notable exceptions, WTO members have not been able to negotiate new rules on policies that generate negative international spillovers. The Doha Development Agenda negotiations, launched in 2001, became deadlocked in 2008. Problems extend beyond negotiations – other functions of the WTO are also not performing well. The dispute settlement mechanism, long perceived as the crown jewel of the organization, no longer is…
Stakeholder Preferences and Priorities for the Next WTO Director General
This paper reports on the results of an expert survey to solicit views on what WTO members and the international trade community consider the most important attributes of the Director‐General of the WTO and the substantive policy and institutional reform priorities confronting the WTO. The results suggest strong support for a leader with managerial and political experience, and a professional network that spans international organizations, major …
All the Tea in China
The history of China’s accession to the WTO has been a rollercoaster of alacrity and acrimony. Hailed as another milestone in the WTO‐era, it soon proved to be a thorn in the side of the multilateral edifice. Various complaints have arisen, and all have to do with the role of state involvement in the workings of the economy. The cause of concern is not state involvement per se – it is state involvement in an economy of unprecedented size. State‐o…
Preventing the Bad from Getting Worse
Recent survey evidence illustrates that many World Trade Organization (WTO) members and trade practitioners believe that the WTO dispute settlement system needs improvement. We make several proposals to improve the operation of WTO conflict resolution, drawing on proposals made by WTO members in the long-running negotiations to improve WTO dispute settlement procedures. We argue that a focus on technical dimensions of dispute settlement is insuff…
Ejil Roll of Honour; 2021 Ejil Peer Reviewer Prize; Changes in the Masthead; Germany v Italy
Last Mile for Tuna (to a Safe Harbour)
The WTO Agreement on Technical Barriers to Trade (TBT Agreement) aims to tame non-tariff barriers, the main instrument segmenting markets nowadays. Some of the terms used in the TBT Agreement to flesh out the commitments undertaken are borrowed from the General Agreement on Tariffs and Trade (GATT), and some originate in the modern regulatory reality as expressed through standard-development organizations. The TBT Agreement does not share a copyc…
MFN Clubs and Scheduling Additional Commitments in the Gatt
non-tariff policy measures affecting trade in goods. This is not the case for trade in services, as the
The Gang That Couldn’t Shoot Straight
The World Trade Organization's (WTO) Appellate Body has produced a volume-wise important body of case law, which is often difficult to penetrate, never mind classify. In his EJIL Foreword article, Robert Howse has attempted a very lucid taxonomy of the case law, using the standard of review as a benchmark for it. His conclusion is that the Appellate Body is quite cautious when facing non-discriminatory measures, especially measures relating to th…
The World Trade Organization
The World Trade Organization (WTO) is one of the most important intergovernmental organizations in the world, yet the way in which it functions as an organization and the scope of its authority and power are still poorly understood. This revised new edition provides a complete overview of the law and practice of the WTO. The chapters begin with the institutional law of the WTO (such as the sources of law and remedies of the dispute settlement sys…
World Trade Organization
"The WTO is one of the most important intergovernmental organizations in the world, yet the way in which it functions as an organization and the scope of its authority and power are still poorly understood. This comprehensively revised new edition of the acclaimed work by an outstanding team of WTO law specialists provides a complete overview of the law and practice of the WTO. The authors begin with the institutional law of the WTO (such as the …
Sources of Law and Principles of Interpretation
This chapter discusses the sources of World Trade Organization (WTO) law, which are the covered agreements that appear in Appendix 1 of the Understanding on Rules and Procedures Governing Settlement of Disputes (Dispute Settlement Understanding or DSU). These agreements include provisions of various other international agreements, which should also be regarded as sources of WTO law. However, the covered and incorporated agreements do not exhaust …
WTO ‘à la carte’ or ‘menu du jour’? Assessing the Case for More Plurilateral Agreements
Plurilateral agreements in the context of the World Trade Organization (WTO) allow sub-sets of countries to agree to commitments in specific policy areas that only apply to signatories and thus allow for ‘variable geometry’ in the WTO. Plurilateral agreements share a number of features with preferential trade agreements (PTAs), which are increasingly used by governments to liberalize trade in goods and services. This article discusses the current…
Free Lunches? WTO as Public Good, and the WTO's View of Public Goods
The WTO can be viewed as a public good in that it provides a forum for negotiations which also produces the necessary legal framework to act as a support for agreed liberalization. To avoid any misunderstandings, in this article the discussion focuses on the WTO as a forum and a set of agreements, not on free trade. Since the legal agreements coming under its aegis are for good reasons incomplete, the WTO provides an additional public good by ‘co…
The Genesis of the Gats (General Agreement on Trade in Services)
The Uruguay Round services negotiations saw the light of day amidst pressures from lobbies in developed countries, unilateral retaliatory actions, and ideological struggle in the developing world. The final outcome, the GATS, certainly characterized by a complex structure and awkward drafting here and there, is not optimal but is an important first step towards the liberalization of trade in services. This article traces the GATS negotiating hist…
No Outsourcing of Law? WTO Law as Practiced by WTO Courts
This article provides a critical assessment of the corpus of law that the adjudicating bodies of the World Trade Organization (WTO)—the Appellate Body (AB) and panels—have used since the organization was established on January 1, 1995. After presenting a taxonomy of WTO law, I move to discern, and to provide a critical assessment of, the philosophy of the WTO adjudicating bodies, when called to interpret it. In discussing the law that WTO adjudic…
It’s A Question of Market Access
In this paper, we argue that market access issues associated with the question of the optimal mandate of the World Trade Organization should be separated from nonmarket access issues. We identify race-to-the-bottom and regulatory-chill concerns as market access issues and suggest that the WTO should address these concerns. We then describe ways that WTO principles and procedures might be augmented to do so. As for nonmarket access issues, we argu…
Remedies in the WTO legal system
There is a considerable discrepancy in legal and economics scholarship as to the effectiveness of the new WTO dispute settlement system. The former usually suffers from selection bias that is not predicated on any empirical analysis. Bob Hudec produced a remarkable empirical account of how the GATT dispute settlement fared, but no corresponding study with respect to WTO has so far taken place. Maybe it is still too soon. The recent avalanche of c…
The WTO Legal System
Modern discussions of the sources of international law usually begin with a reference to Article 38 (1) of the Statute of the International Court of Justice (ICJ), which provides: The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply: a. international conventions, whether general or particular, establishing rules expressly recognized by the contesting states; b. international…
Policy Externalities and High-Tech Rivalry
Governments have increasingly been giving attention to the need for, and prospects of, ensuring contestability of markets through international agreements. This paper explores what has been achieved so far in the context of the World Trade Organization (WTO) and what might be done to further enhance the ‘competition-friendliness’ of the multilateral trading system. The case of high-technology industrial rivalry is used for concreteness. High-tech…
The WTO Legal System
Modern discussions of the sources of international law usually begin with a reference to Article 38 (1) of the Statute of the International Court of Justice (ICJ), which provides: The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply: a. international conventions, whether general or particular, establishing rules expressly recognized by the contesting states; b. international…
Remedies in the WTO legal system
There is a considerable discrepancy in legal and economics scholarship as to the effectiveness of the new WTO dispute settlement system. The former usually suffers from selection bias that is not predicated on any empirical analysis. Bob Hudec produced a remarkable empirical account of how the GATT dispute settlement fared, but no corresponding study with respect to WTO has so far taken place. Maybe it is still too soon. The recent avalanche of c…
It’s A Question of Market Access
In this paper, we argue that market access issues associated with the question of the optimal mandate of the World Trade Organization should be separated from nonmarket access issues. We identify race-to-the-bottom and regulatory-chill concerns as market access issues and suggest that the WTO should address these concerns. We then describe ways that WTO principles and procedures might be augmented to do so. As for nonmarket access issues, we argu…
The Genesis of the Gats (General Agreement on Trade in Services)
The Uruguay Round services negotiations saw the light of day amidst pressures from lobbies in developed countries, unilateral retaliatory actions, and ideological struggle in the developing world. The final outcome, the GATS, certainly characterized by a complex structure and awkward drafting here and there, is not optimal but is an important first step towards the liberalization of trade in services. This article traces the GATS negotiating hist…
WTO ‘à la carte’ or ‘menu du jour’? Assessing the Case for More Plurilateral Agreements
Plurilateral agreements in the context of the World Trade Organization (WTO) allow sub-sets of countries to agree to commitments in specific policy areas that only apply to signatories and thus allow for ‘variable geometry’ in the WTO. Plurilateral agreements share a number of features with preferential trade agreements (PTAs), which are increasingly used by governments to liberalize trade in goods and services. This article discusses the current…
Free Lunches? WTO as Public Good, and the WTO's View of Public Goods
The WTO can be viewed as a public good in that it provides a forum for negotiations which also produces the necessary legal framework to act as a support for agreed liberalization. To avoid any misunderstandings, in this article the discussion focuses on the WTO as a forum and a set of agreements, not on free trade. Since the legal agreements coming under its aegis are for good reasons incomplete, the WTO provides an additional public good by ‘co…
No Outsourcing of Law? WTO Law as Practiced by WTO Courts
This article provides a critical assessment of the corpus of law that the adjudicating bodies of the World Trade Organization (WTO)—the Appellate Body (AB) and panels—have used since the organization was established on January 1, 1995. After presenting a taxonomy of WTO law, I move to discern, and to provide a critical assessment of, the philosophy of the WTO adjudicating bodies, when called to interpret it. In discussing the law that WTO adjudic…
MFN Clubs and Scheduling Additional Commitments in the Gatt
non-tariff policy measures affecting trade in goods. This is not the case for trade in services, as the
The Gang That Couldn’t Shoot Straight
The World Trade Organization's (WTO) Appellate Body has produced a volume-wise important body of case law, which is often difficult to penetrate, never mind classify. In his EJIL Foreword article, Robert Howse has attempted a very lucid taxonomy of the case law, using the standard of review as a benchmark for it. His conclusion is that the Appellate Body is quite cautious when facing non-discriminatory measures, especially measures relating to th…
Policy Externalities and High-Tech Rivalry
Governments have increasingly been giving attention to the need for, and prospects of, ensuring contestability of markets through international agreements. This paper explores what has been achieved so far in the context of the World Trade Organization (WTO) and what might be done to further enhance the ‘competition-friendliness’ of the multilateral trading system. The case of high-technology industrial rivalry is used for concreteness. High-tech…
The WTO Legal System
Modern discussions of the sources of international law usually begin with a reference to Article 38 (1) of the Statute of the International Court of Justice (ICJ), which provides: The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply: a. international conventions, whether general or particular, establishing rules expressly recognized by the contesting states; b. international…
Remedies in the WTO legal system
There is a considerable discrepancy in legal and economics scholarship as to the effectiveness of the new WTO dispute settlement system. The former usually suffers from selection bias that is not predicated on any empirical analysis. Bob Hudec produced a remarkable empirical account of how the GATT dispute settlement fared, but no corresponding study with respect to WTO has so far taken place. Maybe it is still too soon. The recent avalanche of c…
It’s A Question of Market Access
In this paper, we argue that market access issues associated with the question of the optimal mandate of the World Trade Organization should be separated from nonmarket access issues. We identify race-to-the-bottom and regulatory-chill concerns as market access issues and suggest that the WTO should address these concerns. We then describe ways that WTO principles and procedures might be augmented to do so. As for nonmarket access issues, we argu…
No Outsourcing of Law? WTO Law as Practiced by WTO Courts
This article provides a critical assessment of the corpus of law that the adjudicating bodies of the World Trade Organization (WTO)—the Appellate Body (AB) and panels—have used since the organization was established on January 1, 1995. After presenting a taxonomy of WTO law, I move to discern, and to provide a critical assessment of, the philosophy of the WTO adjudicating bodies, when called to interpret it. In discussing the law that WTO adjudic…
The Genesis of the Gats (General Agreement on Trade in Services)
The Uruguay Round services negotiations saw the light of day amidst pressures from lobbies in developed countries, unilateral retaliatory actions, and ideological struggle in the developing world. The final outcome, the GATS, certainly characterized by a complex structure and awkward drafting here and there, is not optimal but is an important first step towards the liberalization of trade in services. This article traces the GATS negotiating hist…
Free Lunches? WTO as Public Good, and the WTO's View of Public Goods
The WTO can be viewed as a public good in that it provides a forum for negotiations which also produces the necessary legal framework to act as a support for agreed liberalization. To avoid any misunderstandings, in this article the discussion focuses on the WTO as a forum and a set of agreements, not on free trade. Since the legal agreements coming under its aegis are for good reasons incomplete, the WTO provides an additional public good by ‘co…
The World Trade Organization
The World Trade Organization (WTO) is one of the most important intergovernmental organizations in the world, yet the way in which it functions as an organization and the scope of its authority and power are still poorly understood. This revised new edition provides a complete overview of the law and practice of the WTO. The chapters begin with the institutional law of the WTO (such as the sources of law and remedies of the dispute settlement sys…
World Trade Organization
"The WTO is one of the most important intergovernmental organizations in the world, yet the way in which it functions as an organization and the scope of its authority and power are still poorly understood. This comprehensively revised new edition of the acclaimed work by an outstanding team of WTO law specialists provides a complete overview of the law and practice of the WTO. The authors begin with the institutional law of the WTO (such as the …
Sources of Law and Principles of Interpretation
This chapter discusses the sources of World Trade Organization (WTO) law, which are the covered agreements that appear in Appendix 1 of the Understanding on Rules and Procedures Governing Settlement of Disputes (Dispute Settlement Understanding or DSU). These agreements include provisions of various other international agreements, which should also be regarded as sources of WTO law. However, the covered and incorporated agreements do not exhaust …
WTO ‘à la carte’ or ‘menu du jour’? Assessing the Case for More Plurilateral Agreements
Plurilateral agreements in the context of the World Trade Organization (WTO) allow sub-sets of countries to agree to commitments in specific policy areas that only apply to signatories and thus allow for ‘variable geometry’ in the WTO. Plurilateral agreements share a number of features with preferential trade agreements (PTAs), which are increasingly used by governments to liberalize trade in goods and services. This article discusses the current…
The Gang That Couldn’t Shoot Straight
The World Trade Organization's (WTO) Appellate Body has produced a volume-wise important body of case law, which is often difficult to penetrate, never mind classify. In his EJIL Foreword article, Robert Howse has attempted a very lucid taxonomy of the case law, using the standard of review as a benchmark for it. His conclusion is that the Appellate Body is quite cautious when facing non-discriminatory measures, especially measures relating to th…
MFN Clubs and Scheduling Additional Commitments in the Gatt
non-tariff policy measures affecting trade in goods. This is not the case for trade in services, as the
Last Mile for Tuna (to a Safe Harbour)
The WTO Agreement on Technical Barriers to Trade (TBT Agreement) aims to tame non-tariff barriers, the main instrument segmenting markets nowadays. Some of the terms used in the TBT Agreement to flesh out the commitments undertaken are borrowed from the General Agreement on Tariffs and Trade (GATT), and some originate in the modern regulatory reality as expressed through standard-development organizations. The TBT Agreement does not share a copyc…
WTO Reform
Since its formation, with a few notable exceptions, WTO members have not been able to negotiate new rules on policies that generate negative international spillovers. The Doha Development Agenda negotiations, launched in 2001, became deadlocked in 2008. Problems extend beyond negotiations – other functions of the WTO are also not performing well. The dispute settlement mechanism, long perceived as the crown jewel of the organization, no longer is…
Stakeholder Preferences and Priorities for the Next WTO Director General
This paper reports on the results of an expert survey to solicit views on what WTO members and the international trade community consider the most important attributes of the Director‐General of the WTO and the substantive policy and institutional reform priorities confronting the WTO. The results suggest strong support for a leader with managerial and political experience, and a professional network that spans international organizations, major …
All the Tea in China
The history of China’s accession to the WTO has been a rollercoaster of alacrity and acrimony. Hailed as another milestone in the WTO‐era, it soon proved to be a thorn in the side of the multilateral edifice. Various complaints have arisen, and all have to do with the role of state involvement in the workings of the economy. The cause of concern is not state involvement per se – it is state involvement in an economy of unprecedented size. State‐o…
Preventing the Bad from Getting Worse
Recent survey evidence illustrates that many World Trade Organization (WTO) members and trade practitioners believe that the WTO dispute settlement system needs improvement. We make several proposals to improve the operation of WTO conflict resolution, drawing on proposals made by WTO members in the long-running negotiations to improve WTO dispute settlement procedures. We argue that a focus on technical dimensions of dispute settlement is insuff…
Ejil Roll of Honour; 2021 Ejil Peer Reviewer Prize; Changes in the Masthead; Germany v Italy
China in the WTO Twenty Years On
China’s participation in the World Trade Organization (WTO) has been a rollercoaster of milestones and frictions. China has emerged as a leading trading nation, which has contributed to the expansion of world trade. Some of its trading partners, however, and most vocally the United States, complain that China has reached its new status by eluding its WTO commitments. Under President Trump, the United States reacted strongly against China, almost …
Geopolitical competition, globalisation and WTO reform
This paper discusses options to manage spillovers of unilateral trade policies motivated by national security and other non‐economic objectives on global trade and investment. Within the WTO framework, we argue a ‘specific trade concern’ mechanism is likely to be more effective than dispute settlement to address national security‐motivated trade intervention. More broadly, we propose creation of a platform for governments, supported by relevant i…
Political science (18 obras) · World Trade Organization Law (18 obras) · International trade (16 obras) · Business (14 obras) · Economics (14 obras) · Global trade and economics (14 obras) · Law (11 obras) · World trade (11 obras) · Law (9 obras) · International Arbitration and Investment Law (8 obras)