Institutionalizing Public Participation in WTO Decision Making: Some Conceptual Hurdles and Avenues
This 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.
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/
|Order Information:||Web: http://www.oup.co.uk/journals|
When requesting a correction, please mention this item's handle: RePEc:oup:jieclw:v:11:y:2008:i:4:p:751-777. See general 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 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 references are entirely missing, you can add them using this form.
If the full references list an item that is present in RePEc, but the system did not link 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 profile, as there may be some citations waiting for confirmation.
Please note that corrections may take a couple of weeks to filter through the various RePEc services.