Lloyd's Maritime and Commercial Law Quarterly
BOOK REVIEW - THE GATT LEGAL SYSTEM AND WORLD TRADE DIPLOMACY (2ND EDITION)
THE GATT LEGAL SYSTEM AND WORLD TRADE DIPLOMACY (2nd Edition) by Robert E. Hudec, Melvin C. Steen Professor of Law, University of Minnesota, Butterworths, London (1990, xxiv and 297 pp., plus 66 pp. Appendices and 8 pp. Index). Hardback £75.
This is the second edition of this publication, which surfaced in the first instance in 1975. It is probably, however, more accurately described as a reprint, rather than a new edition, given that there are no changes to the main body of the original text. There are, however, mainly two differences that might be of note: a small amount of post-1975 information is added on to Appendix A, and the substantial difference in the price and publisher! Such an offering of a second edition inevitably raises two critical questions for a reviewer. Has the text really stood the test of time, or is this a case of missed opportunity? And, what is the contemporary significance of the work?
Essentially this work is a chronological account of GATT legal proceedings between 1948 and 1975—accompanied by an examination of the negotiating history of the text of the GATT. As such it is not, however, merely of historical relevance, but importantly of interest to the practitioner in the field. An understanding of the GATT/ITO negotiating history is necessary for the interpretation of the text of the GATT Articles, as is an appreciation of the GATT jurisprudence and its development since the inception of the institution. From an academic perspective the comments made by John W. Evans when reviewing the first edition of this book are worth repeating. He stated (1976) 70 A.J.I.L. 393:
One of the most useful contributions of Hudec’s book is the light it throws on two key questions: (1) what made it possible for so many sovereign governments to accept the imperative language of the strictures of GATT and, with some deviations, to observe them for so long? and (2) Why, in the late 60s and early 70s, did that allegiance degenerate into what was often only a token obeissance?
The work is divided into five parts. Part One comprises an examination of the GATT/ITO negotiating antecedents. Part Two is an examination of the development of the GATT dispute settlement procedure between 1948 and 1958. Part Three consists of seven case studies of the GATT law in operation between 1948 and 1958. The disputes focused on are selected for their importance in the jurisprudence of this era. Part Four focuses on the period between 1958 and 1975. The period is characterized as a period of decline for the GATT legal system, and in this context the author particularly examines the reasons for the breakdown, with some emphasis on the consequences of the formation of the EEC. The final part comprises the Appendices. This contains some useful, and not readily available, GATT documents and decisions. The summary of the complaints invoking the GATT dispute procedure from 1948 to the end of 1974 is of particular note.
This is a lucid piece of work that is accompanied by valuable analysis. It is of interest to the practitioner in the field, as much as to the academic and the student. It is in some ways comparable to similar works by J.K. Horsefield and Margaret Garritsen de Vries on the activities of the IMF. Furthermore, it performs some of the functions of the, as yet not publicly available, GATT Analytical Index; and makes user friendly some of the material in the GATT BISD series. As it is accompanied with a promise of a sequel covering post-1975 GATT legal
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