The World Trade Organization and Global Administrative Law

CONSTITUTIONALISM, MULTILEVEL TRADE GOVERNANCE AND SOCIAL REGULATION, Christian Joerges, Ernst-Ulrich Petersmann, eds.

NYU School of Law, Public Law Research Paper No. 09-71

31 Pages Posted: 8 Dec 2009 Last revised: 26 Jan 2015

See all articles by Richard B. Stewart

Richard B. Stewart

New York University School of Law

Michelle Ratton Sanchez Badin

São Paulo Law School of Fundação Getulio Vargas FGV DIREITO SP

Date Written: December 4, 2009

Abstract

In response to demands for greater accountability and responsiveness in global regulatory governance, global administrative law (GAL) decision-making mechanisms of transparency, participation, reason giving, and review have emerged in many global regimes, the WTO system. This paper shows how three aspects of the WTO regime can fruitfully be understood and evaluated in terms of administration and administrative law. With respect to the WTO’s internal governance, the paper argues that simultaneously strengthening the WTO administrative bodies and subjecting them to GAL procedural disciplines would establish better internal institutional balance and enhance the organization’s effectiveness and legitimacy. With respect to the vertical relation between the WTO and its members, it shows how the WTO has secured far reaching adoption of GAL disciplines by domestic regulatory administrations, to the benefit of foreign but also of domestic interests. With respect to the horizontal dimension of the WTO’s relation with other global standard-setting bodies, it argues that the WTO should make compliance with GAL procedures a condition for according WTO recognition to such bodies’ regulatory standards. The paper concludes that, overall, the application of GAL mechanisms to these different facets of trade regulatory decision making will promote accountability and responsiveness to a broader range of interests and a more cosmopolitan normative perspective. It further concludes, from the perspective of legal theory, that GAL is a more suitable and productive conceptual framework for addressing the legal dimensions of global regulatory governance than constitutionalism and other alternatives.

Suggested Citation

Stewart, Richard B. and Sanchez Badin, Michelle Ratton, The World Trade Organization and Global Administrative Law (December 4, 2009). CONSTITUTIONALISM, MULTILEVEL TRADE GOVERNANCE AND SOCIAL REGULATION, Christian Joerges, Ernst-Ulrich Petersmann, eds. , NYU School of Law, Public Law Research Paper No. 09-71, Available at SSRN: https://ssrn.com/abstract=1518606 or http://dx.doi.org/10.2139/ssrn.1518606

Richard B. Stewart (Contact Author)

New York University School of Law ( email )

40 Washington Square South
Room 411F
New York, NY 10012-1099
United States
212-992-8165 (Phone)
212-995-4590 (Fax)

Michelle Ratton Sanchez Badin

São Paulo Law School of Fundação Getulio Vargas FGV DIREITO SP ( email )

R. Rocha, 233, Bela Vista
São Paulo, 01330-000
Brazil

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
482
Abstract Views
2,396
rank
65,560
PlumX Metrics