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Published byMilo Hawkins Modified over 9 years ago
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Global governance and the WTO Global administrative law and national administrative law different characteristics. Global administrative law stems from the international legal order: it is not a part of international law but it comprises the rules about global administration through international organisations. It has emerged as a autonomous subsystem of law that concerns global public power.
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Global governance and the WTO (II) Global public power belongs to several global institutions that possibly apply different rules. Global administrative law tries to infer some general principles applicable to every global institution: existence of procedures to be followed; procedural rights of the affected parties (private actors and States as well); judicial review; transparency: freedom of information, free accessibility of documents and acts; participation; accountability; rule of law.
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Trade Policy Review Mechanism Collective appreciation and evaluation of individual trade policies of Member States. It cannot be used for the enforcement of specific obligations.
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TPRM (II) Objectives: a)improve adherence to rules and commitments under the Multilateral Trade Agreements; b)increase transparency and understanding of Members’s trade policies in the context of the multilateral trading system (domestic transparency).
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TPRM (III) Periodic review of all the Members, depending on their share of world trade (EC, US, Japan, China every two years; the next 16 every four years; the others every six years; longer period for least- developed countries). Publication of the reports and of the other documents adopted by the TPRB.
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TPRM (IV) Trade Policy Review Body: it examines a) a full report supplied by the Member under review and b) a report drawn up by the WTO Secretariat; it takes also into account other economic or environmental needs and policies of the Member reviewed.
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TPRM (V) TPRB has no power of enforcement of the WTO Agreements against breaches by the Members or inconsistencies in their trade policies. The TPR is a form of political pressure that serve as a basis for persuading – and not forcing – Members to comply with their commitments under WTO Agreements.
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