Defending Interests: Public-Private Partnerships in WTO Litigation

by Gregory C. Shaffer

Overview

This book examines the growing interaction between private enterprises and public officials to challenge foreign trade barriers. Building on more than one hundred interviews with former and current trade officials and private attorneys in the United States and Europe, Gregory Shaffer calls attention to the ways in which well-organized private parties are using the World Trade Organization's legal system to advance their own commercial ambitions, and how public officials increasingly are dependent on their assistance. Shaffer assesses the historical, political, legal, economic, and cultural factors that have affected the formation of these ad hoc public-private partnerships, as well as trends in the European Union toward U.S.-style practice. He considers the implications of these public-private trade litigation networks for the effectiveness and equity of the WTO system and the stability of U.S.-E.U. relations.

Product Details

ISBN-13:	9780815778318
Publisher:	Rowman & Littlefield Publishers, Inc.
Publication date:	11/25/2003
Edition description:	New Edition
Pages:	246
Product dimensions:	6.00(w) x 8.90(h) x 0.70(d)

About the Author

Gregory C. Shaffer is professor of law at the University of Wisconsin, where he is also director of the European Union Center, and co-director of the Center on World Affairs and the Global Economy.

Table of Contents

	Preface	ix
	List of Acronyms	xiii
1	The Blurring of the Public and the Private in International Trade Law	1
2	Public-Private Partnerships in Theoretical Perspective	10
3	The United States's Initial Partnership Edge in Opening Foreign Markets	19
4	Is the EC Moving toward a U.S. Partnership Model?	65
5	Why a More Aggressive U.S. Approach?	102
6	Transatlantic Public-Private Partnerships	126
7	The Social, Political, and Legal Implications	143
	Text tables
4-1.	Adopted Panel and Appellate Body Reports Involving U.S. and EC Complaints	73
4-2.	Actors and Their Roles in Article 133 and TBR Procedures	76
6-1.	U.S. and EC Participation as Complainants, Defendants, and Third Parties in All WTO Cases Resulting in Adopted Panel or Appellate Body Reports, as of January 17, 2003	128
7-1.	Participation of All WTO Members in Cases Resulting in Adopted Panel or Appellate Body Reports, as of January 17, 2003	157
	Appendix tables
1.	Requests for Consultations by the United States: Panel and Appellate Body Reports, as of January 17, 2003	165
2.	Requests for Consultations by the United States: Not Involving an Adopted Report, as of January 17, 2003	171
3.	Requests for Consultations by the EC: Panel and Appellate Body Reports, as of January 17, 2003	185
4.	Requests for Consultations by the EC: Not Involving an Adopted Report, as of January 17, 2003	192
	References	201
	Index	217

What People are Saying About This

Anne-Marie Slaughter

Defending Interests is on the cutting edge of international law research—exploring and analyzing the costs, benefits, contradictions, and tensions in this new form of governance.(Dean, Woodrow Wilson School of Public and International Affairs)

William J. Davey

"[A] fascinating exploration of how governments, in the exercise of their public functions, work with and are influenced by private sector actors . . . . Shaffer's DEFENDING INTERESTS is a unique and superb work of scholarship. It contains a wealth of information based on original research about how the United States and the EC prosecute cases in the WTO dispute settlement system."
—University of Illinios College of Law, The American Journal of International Law

Robert E. Hudec

This book is an outstanding piece of research. . . . (Research Professor of International Law, Tufts University)

Bryant Garth

Gregory Shaffer's stellar work of research and analysis takes research on the WTO to a new level. (Director, America Bar Foundation)

Editorial Reviews

"[A] fascinating exploration of how governments, in the exercise of their public functions, work with and are influenced by private sector actors.... Shaffer's DEFENDING INTERESTS is a unique and superb work of scholarship. It contains a wealth of information based on original research about how the United States and the EC prosecute cases in the WTO dispute settlement system." —William J. Davey, University of Illinios College of Law, The American Journal of International Law, 1/1/2005

"This public-private hybrid is the wave of the future not only for international economic law, but also for international criminal law and soon for international environmental law. Defending Interests is on the cutting edge of international law research —exploring and analyzing the costs, benefits, contradictions, and tensions in this new form of governance." —Anne-Marie Slaughter, Dean, Woodrow Wilson School of Public and International Affairs

"This book is an outstanding piece of research.... The picture of how U.S. business interests operate within Washington should be required reading for any scholar who wants to write about U.S. behavior with regard to international trade law." —Robert E. Hudec, Research Professor of International Law, Fletcher School of Law and Diplomacy, Tufts University

"This extremely well-researched account of public-private decisionmaking processes in the United States and the European Union provides thoughtful judgment of their significance and impact on transatlantic relations and the WTO system. I enjoyed it tremendously." —Hugo Paemen, former EU Ambassador to the United States, Senior Adviser for Hogan and Hartson L.L.P.

From the Publisher

Schaffer's book dazzles in detail . . . . He sets out an impressive amount of anecdotal history and inside knowledge of almost all of the major international commercial disputes of the first eight years of the WTO's existence and the way private parties in the US and Europe interacted with their governments in litigating those cases.
—December 2004

Journal of International Economic Law