This book is a revised and updated version of my Ph.D. dissertation, which
was accepted by the Law Faculty of the University of Berne in 2008. The
sub-title of my dissertation, ‘A contribution to the debate on the impact of
WTO law on national regulation pursuing social goals’, shows the broader
context of my doctoral research which led to this book. As a member of
the project group ‘Social regulation and world trade’ at the Collaborative
Research Centre ‘Transformations of the State’, I placed a strong focus on
the interplay of national social regulation and international trade, and, in
particular, on the status of national regulatory measures under the law of
the WTO . I found that despite a decades-long debate, the status of such
measures – both from a legal and a political perspective – still remains
unresolved. Existing regulatory measures show, that despite legal uncertainty,
states do not totally refrain from exercising their power to enact
such measures. However, there can be no doubt that the existence of the
WTO Agreements and the heated legal and political debates on the legality
of certain measures of national social regulation, which have been taking
place at an international and, above all, at a transnational level, may lead to
a chilling effect on the exercise of national powers. These, however, are still
necessary to solve certain problems in cases where no capable institutions
at other governance levels are in place. This book analyses the problem
and offers a new ‘regulatory’ perspective, which might help to realize the
common
goals of national regulators and members of the WTO .