Rule-Based Trade 2.0? The Rise of Informal Rules and International Standards and How they May Outcompete WTO Treaties

摘要

One of Professor Jackson's many legacies is his role in moving the international trade system from a 'power-oriented' to a 'rule-oriented' regime. In 1978, Professor Jackson opined that 'the history of civilization may be described as a gradual evolution from a power oriented approach, in the state of nature, towards a rule oriented approach'. Slightly rephrased, in a process of legalization (including the evolution from General Agreement on Tariffs and Trade (GATT) to World Trade Organization (WTO)), the argument goes, trade law has gradually replaced trade politics. The core feature and underlying goal of a 'rule-oriented structure', Professor Jackson explains, is 'creating greater predictability, redressing unfair power imbalances, and preventing escalating international tensions'. In Professor Jackson's footsteps, a 2011 assessment of whether SADC (the Southern African Development Community) is 'rule-based' defines 'rule-based trade' as 'trade arrangements between states governed by international agreements which contain specific obligations regarding outcomes and practices. The parties have to comply with these obligations to ensure certainty and predictability, and transparency is a prerequisite'.