The case of the World Trade Organization

This article explores the relationship between power and rules within the context of international relations, utilizing as a case‐study what is arguably the most powerful international juridical institution in the world today, the World Trade Organization (WTO). The author draws upon a number of his previous works on the subject of the WTO and its predecessor, the GATT, wending through such topics as: the way that political and diplomatic leaders improvized and filled in the gaps of international institutions when the original idea for an International Trade Organization (ITO) failed; the remarkably elaborate development of the particularly deep and rich WTO Dispute Settlement (DS) jurisprudence (over 60,000 pages); and the constant tension between the role of nation‐state power and the power allocated to international institutions, apparently necessitated by the huge impact of ‘globalization’ and interdependency in world affairs (especially economic) today. Various specific issues and cases illustrate these tensions and allocations, including treaty interpretation techniques, the degree of deference towards the members’ government actions, the arguments about the appropriate role of the ‘adjudicators’, and the delicately sensitive approach of the DS system towards clashes of policy necessitating ‘balance’. Throughout, particular emphasis is laid upon the ‘rule oriented’ (‘more legalization’) approach of the WTO DS jurisprudence, both in reflection on the historical and current developments of that juridical system—from ‘power oriented’ to ‘rule oriented’—and also in the important roles regarding tensions between ‘sovereignty’ concepts and international rule needs.     

EARLY IRON AGE BALANCE WEIGHTS AT LEFKANDI, EUBOEA

Summary.   This report analyses the 16 stone balance weights and fragments recovered in 1994 from the ninth-century BC Tomb 79 in the Toumba cemetery at Lefkandi, Euboea, the tomb of the 'Warrior Trader'. In material, shapes, and mass standards, the weights are for the most part virtual duplicates of common LBA balance weights from Cyprus and the Levant and attest to (a) the long-term continuity of maritime trading across the Bronze/Iron Age divide in the Cypro-Levantine world, and (b) the active participation of Euboeans in this commercial sphere no later than the early ninth century. Discussed also is the relationship between some of these weights and the later Euboeic weight standard.     

‘Partially provided’: geography at the University of Toronto, 1844–1935

In universities, as in everyday life, there is a fundamental need for geographical knowledge, even when no formal departments exist to provide instruction. This need was true in the University of Toronto during the decades before Griffith Taylor was appointed in 1935 to the first university Chair in geography in English‐speaking Canada. Using matriculation and annual university course examinations, university calendars and the papers of President Falconer and Professors James Mavor and Harold Innis, I trace the development of geography at the University of Toronto from the mid‐nineteenth century to the arrival of Taylor. Courses taught in selected aspects of physical and human geography in the Departments of Geology, Political Economy and History are particularly significant. Underlying this instruction, and also the desire to establish a geography department, was an acute awareness of the fundamental importance of geography to help understand a large regionally complex homeland, and a wider world.     

F. S. Oliver, Alexander Hamilton, and the 'American Plan' for Resolving Britain's Constitutional Crises, 1903-1921

Frederick Scott Oliver was a Scottish businessman, writer, politicalpundit, and friend of many leading Conservatives. Distressedby the serious constitutional problems confronting Britain atthe turn of the century, he proposed solutions based on theideas and methods of the founders of the United States of Americain the late eighteenth century. These notions were set forthin Oliver's biography, Alexander Hamilton (1906), and helpedinspire the constitutional settlement brought by Milner's ‘kindergarten’in South Africa in 1910. Subsequent attempts by Oliver and hisRound Table associates, however, to implement this ‘AmericanPlan’ to resolve constitutional crises over Ireland justbefore and during the course of the First World War were largelyfutile. Austen Chamberlain and others failed to share Oliver'senthusiasm for such idealistic nostrums as constitutional conventionsand federalism as possible means to maintain unity within Britainand the empire. They were regarded simply as too American.     

The Tax Threshold: Policy, Principles, and Poverty

In the absence of an independent poverty standard, postwar Britishgovernments have tended to use current, politically determinedsocial security scales (from Unemployment Assistance in the1930s to Income Support today) as their definition of minimallyadequate income levels, commonly known as an ‘officialpoverty line’. A basic principle of taxation since thedays of Adam Smith, however, has been that incomes below theminimum income required for socially defined necessities shouldbe free of tax. The personal tax allowance which determinesthe income tax-paying threshold thus also provides a practicaldefinition of such an official poverty line. Royal Commissionsand official committees since the nineteenth century have endorsedSmith's principle, but it only acquired major political significanceafter the Second World War when income tax began to affect lowearners, particularly after the 1960s when poverty was ‘rediscovered’in the UK. In spite of this potential coincidence of purpose,a review of evidence and interviews with officials shows thatthere has been no co-ordination of policy between the Treasuryand Inland Revenue responsible for determining the level ofthe tax allowances, and the Social Security ministries responsiblefor the minimum benefit scales. The tax threshold has consequentlycontinued to be determined by considerations of political economyand administration and not by the alleviation of poverty. ^* This paper is part of a larger project on concepts of povertyand need in British income maintenance systems, chiefly the‘Assistance’ schemes which ran from 1934 to 1966.I am grateful to the many people who have helped with the project,regrettably too numerous to name here. I am particularly indebtedto Sir Norman Price and Sir Kenneth Stowe, James Meade, DellaNevitt, and). Leonard Nicholson for information on the tax issues,and want to record my thanks to them and to Fran Bennett, JohnHills, Chris Pond, and Adrian Sinfield, and especially RodneyLowe, as well as participants in seminars at the Universitiesof Edinburgh and Essex, and in Budapest, for their advice onthis paper.     

MANIFESTATIONS OF IMPERIAL POLICY: THE NEW SOUTH WALES SYSTEM and LAND PRICES IN UPPER CANADA IN 1825

This paper traces the introduction into Upper Canada of elements of the New South Wales System. The most significant development was the institution in 1825 of a sales policy, at the instigation of the imperial government. Using data drawn from pro / co 47, stepwise multiple regression analysis is used to describe the 'upset' price of land in relation to six independent variables. Population density, the number of mills, and distance to road are identified as the most significant variables in the minds of those who set land prices.
Dans cet article, on fait le suivi de certains éléments du système 'New South Wales' à partir de leur introduction dans le Haut-Canada. Leplus important fait à signaler est l'institution en 1825 d'une politique des ventes par le gouvernement impérial. À l'aide de données tirées du pro/co 47, une analyse de régression multiple pas-à-pas ('step-wise') est utilisée afin de caractériser la mise à prix des terres par rapport à six variables indépendantes. l'analyse démontre que la densité de population, le nombre de moulins et la proximité de la route étaient les variables les plus significatives dans l'esprit des gens qui établissaient les prix des terres.