The Evolution of the Trade Regime: Politics, Law, and Economics of the GATT and the Wto

List of Illustrations, Box, and Tables ix Preface xi Chapter 1: Political Analysis of the Trade Regime 1 1.1 Introduction 1 1.2 Understanding the Political Economy of the GATT/WTO Regime 5 1.3 State Power and International Trade Institutions 10 1.4 Nonstate Actors and Domestic Institutional Design 14 1.5 Ideas and Institutional Design 16 1.6 Accommodating Changes in Power, Interests, and Ideas 18 1.7 Alternative Perspectives on the Trade Regime 22 Chapter 2: Creating Constituencies and Rules for Open Markets 27 2.1 Why Create a Trade Regime? 29 2.2 The GATT 1947 Trade Regime 38 2.3 The Early GATT 41 2.4 Creating the WTO 47 2.5 Making Authoritative Decisions 48 2.6 Alternatives to Multilateralism: Preferential Trade Agreements 52 2.7 Conclusion: The Trade Regime, Domestic Constituencies, and Free Trade 55 Chapter 3: The Politics of the GATT/WTO Legal System: Legislative and Judicial Processes 61 3.1 Legislative Rules and Processes --and Transatlantic Power 61 3.2 Implementation and Dispute Settlement: The Expansion of Judicial Lawmaking --and Transatlantic Power 67 3.3 Conclusion: Prospects for Continued Viability of WTO Legislative and Judicial Rules 87 Chapter 4: Expanding Trade Rules and Conventions: Designing New Agreements at the Border 91 4.1 Introduction 91 4.2 The Uruguay Round Tasks 92 4.3 Extension of Scope of Trade System 94 4.4 Incorporating the "Laggard" Sectors 98 4.5 Consolidating the Codes 108 4.6 The Un ?nished Business 119 4.7 Conclusion 120 Chapter 5: Extending Trade Rules to Domestic Regulations: Developing "Behind the Border" Instruments 125 5.1 Introduction 125 5.2 Bringing in Services: Negotiation of the GATS 127 5.3 Health, Agricultural Regulations, and Industrial Standards 135 5.4 Intellectual Property Protection and the Trading System 139 5.5 The Newest Problems: New Tools, Actors, and Coalitions? 143 5.6 The Search for New Principles and New Coalitions 149 Chapter 6: Expansion of GATT/WTO Membership and the

John H. Barton is George E. Osborne Professor of Law Emeritus at Stanford University Law School. Judith L. Goldstein is professor of political science at Stanford University. Timothy E. Josling is senior fellow at the Freeman-Spogli Institute for International Studies and emeritus professor at the Food Research Institute at Stanford University. Richard H. Steinberg is professor at UCLA School of Law.