Institutionalizing Public Participation in WTO Decision Making: Some Conceptual Hurdles and Avenues
AbstractThis article assesses the potential of institutionalizing more structured mechanisms of public participation in the World Trade Organization (WTO) decision making. It begins by developing a conceptual framework that distinguishes the four 'implementation parameters' of public participation: the goal, the object, the mechanisms, and the actors. Most proposals for more formalized public participation in the WTO view it as a way to mitigate an alleged legitimacy deficit in WTO decision making. This article questions the relevance of this goal. Turning to the object of participation, the article examines the institutional structure of the WTO and points to challenges in identifying those decisions, mostly pertaining to the elimination of nontariff barriers to trade, that should be opened to public participation. 'Sensitive' decisions are mostly reached by the dispute settlement bodies, sometimes by reference to rules adopted outside the institutional framework of the WTO. It is argued that the adoption processes of these external rules are a relevant object of public participation in the WTO context. Finally, administrative review of these adoption processes by the panels and Appellate Body as a mechanism to regulate public participation is considered. , Oxford University Press.
Download InfoIf you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
Bibliographic InfoArticle provided by Oxford University Press in its journal Journal of International Economic Law.
Volume (Year): 11 (2008)
Issue (Month): 4 (December)
Contact details of provider:
Postal: Oxford University Press, Great Clarendon Street, Oxford OX2 6DP, UK
Fax: 01865 267 985
Web page: http://www.jiel.oupjournals.org/
You can help add them by filling out this form.
reading list or among the top items on IDEAS.Access and download statisticsgeneral information about how to correct material in RePEc.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Oxford University Press) or (Christopher F. Baum).
If references are entirely missing, you can add them using this form.