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The World Trade Organization (WTO) oversees the negotiation and enforcement of formal rules governing international trade. Why do countries choose to adjudicate their trade disputes in the WTO rather than settling their differences on their own? In Why Adjudicate?, Christina Davis investigates the domestic politics behind the filing of WTO complaints and reveals why formal dispute settlement creates better outcomes for governments and their citizens. Davis demonstrates that industry lobbying, legislative demands, and international politics influence which countries and cases appear before the WTO. Democratic checks and balances bias the trade policy process toward public lawsuits and away from informal settlements. Trade officials use legal complaints to manage domestic politics and defend trade interests. WTO dispute settlement enables states and domestic groups to signal resolve more effectively, thereby enhancing the information available to policymakers and reducing the risk of a trade war. Davis establishes her argument with data on trade disputes and landmark cases, including the Boeing-Airbus controversy over aircraft subsidies, disagreement over Chinese intellectual property rights, and Japan's repeated challenges of U.S. steel industry protection. In her analysis of foreign trade barriers against U.S. exports, Davis explains why the United States gains better outcomes for cases taken to formal dispute settlement than for those negotiated. Case studies of Peru and Vietnam show that legal action can also benefit developing countries.
This detailed account of the politics of opening agricultural markets explains how the institutional context of international negotiations alters the balance of interests at the domestic level to favor trade liberalization despite opposition from powerful farm groups. Historically, agriculture stands out as a sector in which countries stubbornly defend domestic programs, and agricultural issues have been the most frequent source of trade disputes in the postwar trading system. While much protection remains, agricultural trade negotiations have resulted in substantial concessions as well as negotiation collapses. Food Fights over Free Trade shows that the liberalization that has occurred has been due to the role of international institutions. Christina Davis examines the past thirty years of U.S. agricultural trade negotiations with Japan and Europe based on statistical analysis of an original dataset, case studies, and in-depth interviews with over one hundred negotiators and politicians. She shows how the use of issue linkage and international law in the negotiation structure transforms narrow interest group politics into a more broad-based decision process that considers the larger stakes of the negotiation. Even when U.S. threats and the spiraling budget costs of agricultural protection have failed to bring policy change, the agenda, rules, and procedures of trade negotiations have often provided the necessary leverage to open Japanese and European markets. This book represents a major contribution to understanding the negotiation process, agricultural politics, and the impact of international institutions on domestic politics.
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