法的制度化と主権国家間レジームの変容 -多国間貿易レジームの紛争解決メカニズムを手がかりに
比較政治と国際政治の間
2001 年 2001 巻 128 号 p. 47-65,L8
詳細
2001 年 2001 巻 128 号 p. 47-65,L8
The establishment of the World Trade Organization (WTO) in 1995, especially its strong dispute-settlement mechanism (DSM), has given rise to a growing interest in one specific type of international regime development among international institution scholars: “Legalization”. However, the implication of this particular institutionalization on regime itself and the relation-ship between regime and domestic politics remains not examined enough.
This article discusses the dynamics of GATT/WTO DSM legalization and its implication, focusing on the nation-states' “gate-keeping” function and the notion of “optimal legalization” for the regime stability.
In the article, a theoretical consideration is given by comparing three different models of the GATT/WTO legalization, following by an examination of the U. S. experience in the legalization process as an empirical case study.
From what has been discussed in the article, the following results were obtained:
(1) The essential feature of DSM “legalization” seems to be its “endogenous expansion” dynamism, which would result from a substantial increase in access to the DSM, and also by a growing requirement for checking the “democratic deficit” in regime by transnational actors. In addition, the American case suggests that the trade regime legalization facilitates creating pro-free trade domestic institutions, and these domestic institutions would become another endogenous expansion dynamics of legalization.
(2) Giving above feature, it is appropriate to suppose that “legalization” has a potential power to change a substantial nature of regime: from “international” regime to “transnational” regime. In respect of the multilateral trade regime, it is quite likely to suppose that this change has already started.
From now on, a comparative study of other major members in the regime, such as the EC and Japan, in terms of the relationship between regime legalization and its domestic institution development will be needed to strengthen these propositions.
