1st Edition
WTO Jurisprudence Governments, Private Rights, and International Trade
1. International Social Contract on Trade: Its Force, Means and Ends
1.1 History and Evolution from the GATT to the WTO
1.2 States, the WTO and the Individuals in International Law
1.3 WTO as an International Social Contract on Trade
1.4 Conclusion
2. WTO Decision-making by Consensus
2.1 Introduction
2.2 The WTO Decision-making Duet: Consensus and Single Undertaking
2.3 Consensus Principle’s Undesirable Practical Implications
2.4 Consensus’ Contractarian Deficits and WTO Legitimacy
2.5 Conclusion: Consensus Yet Consented?
3. GATT: The "Common Intention" Approach of Treaty Interpretation
3.1 Introduction
3.2 How General Should the GATT General Exceptions Be
3.3 Judicial Activist "Common Intention" Approach of Treaty Interpretation
3.4 The Legitimacy Deficit of the "Common Intention" Approach
3.5 Concluding Remarks
4. Antidumping: The NME Normal Value Determination
4.1 Introduction
4.2 Antidumping Development and Normal Value Determination
4.3 The NME Methodology: Nationality as Status of Products in Trade
4.4 From Status to Contract and Back: NME Treatment and Beyond
4.5 Conclusion
5. TRIPS: IPRs, Public Health, and International Trade
5.1 Introduction
5.2 WTO to Promote Public Health through International Trade
5.3 Public Health Caught in TRIPS’ Birth Defect
5.4 Public Health, IPRs & Trade: The Private Right Dilemma in International Law
5.5 Conclusion: The Dynamics between Public Health, IPRs, and Trade
6. Trade & Policy: IP-competition Dynamics in TRIPS’ FRAND Enforcement
6.1 Introduction
6.2 Harmonized TRIPS v. Diversified FRAND Enforcement
6.3 SEPs, Antitrust and Trade in WTO Law
6.4 Concluding Remarks
7. Ends without End: The Future Prospects of WTO Evolution
Biography
Wenwei Guan is an Associate Professor of Law at City University of Hong Kong.
