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- Title
The Judicial Transformation of the State: The Case of U.S. Trade Policy, 1974–2004.
- Authors
CHOREV, NITSAN
- Abstract
The recent shift in state policies from Keynesianism to neoliberalism was accompanied by a transformation in state structures. The case of trade liberalization in the United States reveals that this structural transformation is of a judicial nature. In 1974, supporters of free trade successfully shifted authority over the management of protectionist claims from Congress to quasi-judicial bodies in the U.S. executive; in 1994 , they successfully strengthened the dispute settlement mechanisms of the World Trade Organization. This judicial transformation indicates a shift from sites where decisions are made by way of political negotiations to sites where judges preside over legal disputes. In the article, I identify the political origins of these judicial transformations and discuss the factors that make judicial sites more favorable to neoliberal policies than political sites.
- Subjects
UNITED States; COMMERCIAL policy; ECONOMIC policy; NEOLIBERALISM; FREE trade; INTERNATIONAL trade; WORLD Trade Organization; CONFLICT management; UNITED States. Congress
- Publication
Law & Policy, 2009, Vol 31, Issue 1, p31
- ISSN
0265-8240
- Publication type
Article
- DOI
10.1111/j.1467-9930.2008.00284.x