This open access book brings together some of the most eminent scholars of international trade to celebrate the scholarly, diplomatic, and institution-building achievements of Thomas Cottier, Professor Emeritus of International Economic Law at the University of Bern and founder of the World Trade Institute.
Over his half-century career, Thomas Cottier has promoted the development of international trade law by shaping our understanding of how multiple layers of law interact to form a global legal system. While multilateral trade law is the "melody" of the system, it is made fuller by a host of regional and national layers of harmonising - and sometimes discordant - legal rules.
Covering both general trade policy and the economic relations between Switzerland and the EU, the chapters examine Thomas Cottier's fundamental belief in the necessity of studying the interaction of every level of governance - local, national, and international - when considering the policies of economic exchange between countries, as well as his cosmopolitan belief in the need to foster a global community dedicated to bettering the lives of individuals around the world. The special relationship between the EU and Switzerland is addressed, honouring Professor Cottier's dedication to the political debates within Switzerland on the extent to which the country should participate in the European project, exemplifying the themes of multilayered governance and the common concerns of all people.
The book's contributors comprise leading scholars and practitioners who have worked closely with, or whose work and professional journeys have been largely influenced by, Thomas Cottier.
The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Swiss National Science Foundation.
Inhaltsverzeichnis
Turning the Tides of Trade, Marion Panizzon (University of Bern, Switzerland)
Preface, Robert Howse (New York University, USA)
1. Introduction, Krista Nadakavukaren Schefer (Swiss Institute of Comparative Law), Rodrigo Polanco (University of Bern, Switzerland) and Pierre Sauvé (World Bank, Switzerland)
Part I: Trade Policy from Gatt to Today's WTO
2. Our Life in TRIPS, Frederick M Abbott (Florida State University, USA)
3. WTO Dispute Settlement: What Went Wrong? What Might be Done? William J Davey (University of Illinois, USA)
4. The Uncertain Future of WTO Dispute Settlement: An Appraisal of the February 2024 Consolidated Text Resulting from the Molina Process, Peter Van den Bossche (Xi'an Jiaotong University, China)
5. Clarifying Subsidy Disciplines in the WTO: Thomas Cottier as an Adjudicator, James J Nedumpara (Centre for Trade and Investment Law, India)
6. Litigating National Security in the WTO Era, Petros C Mavroidis (Columbia Law School, USA)
7. The New Roles of the World Trade Organization in Trade and Climate Change, Gabrielle Marceau (University of Geneva, Switzerland) and Maria George (Graduate Institute, Switzerland)
8. Forever Searching: How Far Can We Go? Christian Häberli (University of Bern, Switzerland)
Part II: Regional Trade Relations between Unequals: Switzerland, The EU and Beyond
9. From Rue de Martignac to Hallerstrasse - A Vision for Europe, Christine Kaufmann (University of Zurich, Switzerland)
10. The EU-Switzerland Agreements and the Role of the Swiss Federal Supreme Court in the Five-Storey House of European Courts, Matthias Oesch (University of Zurich, Switzerland) and Elisa Lunardon (Noyb, Austria)
11. The Role of the CJEU with Regard to Switzerland and Swiss Operators, Michael Hahn (University of Bern, Switzerland) and Ana Sijakovic Kressner (University of Bern, Switzerland)
12. Free Movement of Services between the EU and Switzerland - The Contours, Limits and Prospects of a Complex Relationship, Panagiotis Delimatsis (Tilburg University, the Netherlands)
13. ASEAN Integration: A Case Study in Multilayered Governance, Sufian Jusoh (National University of Malaysia) and Intan Murnira Ramli (Economic Research Institute for ASEAN and East Asia, Indonesia)
Part III: Addressing Common Concerns and the Future Challenges to Trade Law
14. Sovereignty Strikes Back: Continued Relevance of Common Concern of Humankind in Times of Polycrisis, Zaker Ahmad (University of Göttingen, Germany) and Iryna Bogdanova (University of Luxembourg)
15. The Twenty-First Century 'Land Investment' or 'Land Grabs' in Africa as a Common Concern of Humankind, Malebakeng Agnes Forere (University of the Witwatersrand, South Africa)
16. From William Rappard to Thomas Cottier: Ordoliberal Market Integration and the Rules-Based International Trade Order, Ernst-Ulrich Petersmann (European University Institute, Italy)
Part IV: The Living Legacy of Thomas Cottier
17. The World Trade Institute - Swiss Soft Power at its Best, Arthur Appleton (Johns Hopkins School of Advanced International Studies, USA)
18. Thomas Cottier and the Development of International Trade Law, Gary Horlick (Yale Law School, USA)
19. Thomas Cottier, the Myth of Ulysses and the Evolution of International Economic Law, Roberto Echandi (University of Bern, Switzerland)
