Article: a PhD thesis.
Public particiation and the legitimacy of intergovernmental decision-making : a focus on the World Trade Organization
Ziegler A. R.
Université de Lausanne, Faculté de droit, des sciences criminelles et d'administration publique
Faculté de droit et des sciences criminelles Université de Lausanne CH-1015 Lausanne SUISSE
The legitimacy of the WTO's decision-making process has always been questioned, and many have advocated public participation mechanisms as a remedy. The present study considers the limits and potential of these mechanisms by advancing a conceptual framework, which distinguishes the four 'implementation parameters' of public participation: the goal, the object, the modalities, and the actors. It addresses the issue of legitimacy by considering to what extent, and by virtue of which legal developments, one can see implementing the democratic principle as a goal for public participation in the context of the WTO. By analyzing the institutional structure of the WTO and its different types of decisions, it then outlines how this goal should influence the object and modalities of public participation, which decision-making procedures should be opened to public participation, and how the mechanisms should be implemented in practice. Finally, it suggests speciflrc amendments to existing WTO affangements on public participation
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