"The law-in-action of international trade litigation in the United States and Europe: The melding of the public and the private"

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Page: 98

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Gregory. Shaffer
conference paper description
Part I of this article provides a framework for analyzing the increasing role of public-private networks in the determination of national policy and the provision of traditional "governmental" services. It addresses two central reasons why actors increasingly participate in public-private partnerships: (i) the demand of understaffed public agencies for informational resources; and (ii) the per capita stakes of the actors in outcomes. Part II turns to the role of public-private networks in the U.S. trade policy, examining the mechanisms that private firms employ in the United States to work with the Office of the United States Trade Representative (USTR) to challenge foreign trade barriers ... Part III examines the relevant mechanisms used in the European Union, in particular exchanges between public and private actors under a formally intergovernmental procedure (known as the article 133 process, in reference to the Treaty provision which govern EU foreign commercial relations) and a private petition procedure (known as the Trade Barrier Regulation). Part IV evaluates the contrasts between U.S. and EC public-private partnerships, the reasons for their greater development and effectiveness in the United States, and the trends in the EC toward U.S.-style practice. Part V addresses the extent to which U.S. and EC private firms and trade representatives coordinate transatlantic efforts to challenge more effectively third country trade barriers, as well as domestic regulations within the United States and EC themselves. Part VI examines the reciprocal relationship between the international trading system and these public-private partnerships, constituting the WTO's law-in-action.