Conflicting Philosophies and International Trade Law

This book reveals how conflicting worldviews are at the root of public controversies on policy and trade issues. It highlights the particularly controversial disputes at the level of the World Trade Organization in the case of regulating beef-hormones and GMOs, aiming to show how negotiators of international agreements, members of dispute settlement bodies, and policy makers in general could have recourse to concepts of other disciplines such as epistemology and philosophy in order to address deadlocked legal disputes. Ultimately, the book is a manifesto for independent and critical research.

Auteur
Michael Burkard is a legal practitioner with broad experience in judiciary, administration and the legal profession. As staff member of the finance committee of the Swiss Federal Parliament, he gained insights into legislation, finance and economic policy. He received his PhD from the Institute of European and International Economic Law at the University of Bern, Switzerland, where he concentrated on European and WTO law, customs legislation, the WTO Agreement on Agriculture and economic development. This book is an outcome of the research project NCCR Trade regulation funded by the Swiss National Science Foundation.

Contenu

1. Introduction.- 2. Between Positivism And Relativism.- 3. Two Concepts of Reality.- 4. Two Concepts of Risk.- 5. Two Functions of Risk.- 6. The Battle for Agriculture.- 7. A Promise for Objectivity.- 8. The Panel's Positivist Position.- 9. The Appellate Body's Quest for Middle Ground.-10. The Positivist Solution.- 11. The Relativist Response.- 12. A Critical Approach.- 13. Annex: Synopsis of Reform Proposals.