Annual Survey of International & Comparative Law


In this study, the GATT/WTO "system" will first be distinguished from the actual global trade regime as it developed in the context of the emerging East Asian economies. Next will follow a brief narrative history of the rise of the East. Asian NICs from a less than idealistic perspective. With the historical context in place, the article then delves into the concept of "fairness" and the WTO dispute settlement mechanism, placing the rules embodied in the procedure in situational context vis-a-vis developing countries. The changing center of gravity within the system is then illustrated by discussion of the WTO's shift in policy towards intellectual property and services. Finally, the article concludes with an analysis of the recent East Asian economic crisis and its effect on the global trading order.

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