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Reconstructing the World Trade Organization for the 21st Century: An Institutional Approach PDF

321 Pages·2015·2.261 MB·English
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Reconstructing the World Trade Organization for the 21st Century Reconstructing the World Trade Organization for the 21st Century An Institutional Approach KENT JONES 1 1 Oxford University Press is a department of the University of Oxford. It furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide. Oxford New York Auckland Cape Town Dar es Salaam Hong Kong Karachi Kuala Lumpur Madrid Melbourne Mexico City Nairobi New Delhi Shanghai Taipei Toronto With offices in Argentina Austria Brazil Chile Czech Republic France Greece Guatemala Hungary Italy Japan Poland Portugal Singapore South Korea Switzerland Thailand Turkey Ukraine Vietnam Oxford is a registered trademark of Oxford University Press in the UK and certain other countries. Published in the United States of America by Oxford University Press 198 Madison Avenue, New York, NY 10016 © Oxford University Press 2015 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, by license, or under terms agreed with the appropriate reproduction rights organization. Inquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press, at the address above. You must not circulate this work in any other form and you must impose this same condition on any acquirer. Library of Congress Cataloging-in-Publication Data Jones, Kent Albert. Reconstructing the World Trade Organization for the 21st century : an institutional approach / Kent Jones. pages cm Includes bibliographical references and index. ISBN 978-0-19-936604-0 (alk. paper) 1. World Trade Organization. 2. Free trade. 3. International trade. 4. International economic relations. I. Title. HF1385.J669 2015 382'.92—dc23 2014024773 1 3 5 7 9 8 6 4 2 Printed in the United States of America on acid-free paper For Ana-Lisa and Diantha CONTENTS Acknowledgments xi Abbreviations xiii Introduction: Why Isn’t There More Trade? xv 1. The Doha Round: What Went Wrong and What Is at Stake? 1 Introduction 1 The Doha Debacle 2 What Went Wrong at the Doha Round? 5 At Stake: A Framework for Future Trade Negotiations 9 What New Gains from Trade Are Available? 10 Protectionism during the Financial Crisis 17 Summary 20 2. Institutional Foundations of the GATT/WTO System 22 Introduction 22 The Institutional Roots of Trade Relations: Exchange and Conflict 24 The GATT/WTO System as an Institution 29 Birth of an Institution 29 Institutional Structure of the GATT 31 The GATT/WTO System: Elements of a Constructivist Approach 33 Path Dependency, Context, and Embeddedness of the GATT/WTO System 39 Institutional Equilibrium and Adjustment in the GATT 43 Treatment of Developing Countries: The Great Inconsistency 48 Summary 49 3. The GATT to WTO Transition and Institutional Crisis in the Doha Round 51 Introduction 51 The Genesis of the WTO 52 Incremental Institutional Change and Equilibrium 55 Challenges to Institutional Equilibrium: The WTO and the Doha Round 58 The Single Undertaking and New Product Areas 59 viii Contents TRIPS and Developing Country Participation 61 Judicialization of Trade Agreements 63 Other Institutional Shocks 65 Remedies? An Institutional Approach 72 Summary and Conclusion 80 4. Impediments to Doha Round Consensus and the Search for WTO Solutions 82 Introduction 82 WTO Decision-Making and the Principle of Consensus 83 Informal Processes of Decision-Making 85 The Legacy of the Uruguay Round 87 Bargaining in Changing Global Trade Environment 88 Evolution of the Decision-Making Process 95 The Role of the Director-General 97 The Problems with Ministerial Conferences 100 Possible Internal WTO Remedies 103 Critical Mass 104 WTO Salvation through Plurilaterals? 108 WTO Governance and Decision-Making 112 Summary: WTO Consensus as an Institutional Problem 113 5. WTO Governance and Committee Chair Representation 115 Introduction 115 Institutional Microstructure of the WTO 116 The Structure of WTO Committees 118 Developing Country Discontent 120 Ministerial Chairs and the Director-General 121 Aggregate Trends and Determinants of Committee Chairs 124 A Human Capital Hypothesis of Committee Chair Selection 129 Patterns of Chair Representation Using Aggregate Data 131 Probit Results 135 Determinants of Mission Size 140 Multiple Appointments 145 Summary and Conclusion 152 Appendix: Rosters of Country Groupings 154 6. Regional vs. Multilateral Trade Liberalization 157 Introduction 157 The Role of RTAs in the GATT/WTO System 158 Types of RTAs and Their Recent Proliferation 158 Contents ix Early GATT History 162 Economic and Systemic Effects 164 Impact on Multilateral Trade Negotiations 166 Supply Chains, BITs, and the Advent of the “New” RTAs 169 Closing the Institutional Loop: From RTAs to the WTO 172 The Major Post-Doha RTA Negotiations 175 The Trans-Pacific Partnership 175 The US-EU Transatlantic Trade and Investment Partnership 180 Other RTA Negotiations 183 Summary: The Instrumental Role of RTAs in the GATT/WTO System 184 7. Trade, Embedded Liberalism, and Development 187 Introduction 187 Embedded Liberalism: The Conceptual Framework 189 Embedded Liberalism for Developed Countries in the Twenty-first Century 193 The Development Divide over Trade 194 Aid-for-Trade as Embedded Liberalism? 200 The Coherence Problem in Delivering Aid-for-Trade 201 The Bali Agreement: A Breakthrough for Aid-for-Trade Liberalization? 204 A Graphical Illustration of the Institutional Problem 208 Summary and Conclusion 210 8. Pathways Back to Geneva 213 Gambling at the Tahoe Round: A Fable 213 The Problem with Multilateral Trade Negotiations 215 RTAs: A Path Back to the WTO? 219 RTA-Induced Fragmentation? 225 Leadership and Domestic Adjustment 227 Managing the Issues: The Bali Ministerial 232 After Bali: Possible Pathways Back to Geneva 236 Why There Isn’t More Trade 239 Notes 245 Bibliography 267 Index 283

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