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13 - The WTO’s Purpose, Regulatory Autonomy and the Future of the Embedded Liberalism Compromise

from Part III - Engineering the Embedded Liberalism Compromise: Addressing the Future in Times of Turmoil

Published online by Cambridge University Press:  21 September 2018

Gillian Moon
Affiliation:
University of New South Wales, Sydney
Lisa Toohey
Affiliation:
University of Newcastle, New South Wales
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Summary

This chapter is concerned with the potential contribution of the embedded liberalism compromise to strengthening the capacity of the WTO to respond to challenges of sustainable development. Reid highlights that, while the Embedded Liberalism Compromise is frequently discussed in terms of its significance for national regulatory autonomy, it has a second element: non-discrimination in trade. Reid argues that the compromise can and should encompass states’ regulatory autonomy with regard to contemporary interests and values, such as environmental protection. The chapter goes on to examine the means by which the compact could be broadened and, subsequently, assesses the extent to which the traditional non-discrimination paradigm of the GATT and WTO is secure. This second part recognises and examines the impact of the competing market-access paradigm, which gained traction under the neo-liberal orthodoxy of the latter decades of the twentieth century, and which is arguably manifested in Article 2.2 TBT. The application of Article 2.2 by the Panel and Appellate Body is therefore examined with a particular focus upon the implications for the non-discrimination paradigm.
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The Future of International Economic Integration
The Embedded Liberalism Compromise Revisited
, pp. 222 - 242
Publisher: Cambridge University Press
Print publication year: 2018

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