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NCCR Publications Working Papers The Domestic Making of Member States’ Positions in the WTO: The Case of Switzerland
| The Domestic Making of Member States’ Positions in the WTO: The Case of Switzerland |
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The Domestic Making of Member States’ Positions in the WTO: The Case of Switzerland, NCCR Working Paper 2007/22, May 2007 Abstract THIS PAPER ANALYSES THE LEGAL FRAMEWORK OF THE MAKING OF SWITZERLAND’S POSITIONS IN THE WORLD TRADE ORGANIZATION (WTO). REFERRING TO ALL LEGISLATIONS THAT MAY BE APPLICABLE IN THIS CONTEXT, WE ADDRESS SOME ACTUAL GOVERNANCE ISSUES AND ANALYZE SOME ACTS THAT HAVE BEEN RECENTLY ADOPTED (PARTICIPATION OF NONGOVERNMENTAL EXPERTS, FEDERAL ACT ON TRANSPARENCY, FEDERAL ACT ON PARTICIPATION, FEDERAL ACT ON PARLIAMENT). IN A FIRST STEP, WE ASSUME THAT THE MODALITIES OF THIS DECISION-MAKING PROCESS ARE A FUNCTION OF THE REGIME OF COMPETENCE THAT PREVAILS IN THE PHASE OF RATIFICATION, AT THE NATIONAL LEVEL, OF THE INTERNATIONAL ACT INCORPORATING THE RESULT OF THE NEGOTIATIONS. THEREFORE WE START BY ANALYZING THE VARIOUS REGIMES OF COMPETENCE THAT MAY APPLY IN THIS CONTEXT. IN A SECOND STEP, WE CONSIDER DIFFERENT FACETS OF THE MAKING OF SWITZERLAND’S POSITIONS. WE ADDRESS THE LEGAL DISPOSITIONS THAT FRAME THE VARIOUS CHANNELS OF PARTICIPATION THAT DRIVE THE PROCESS. AFTER ANALYZING THE EXECUTIVE’S WORK PROCEDURES, WHICH HAS A GENERAL COMPETENCE IN THE MATTER, WE ADDRESS PARLIAMENT’S AND NON-STATE ACTORS’ MECHANISMS OF PARTICIPATION. WE CHOOSE ON PURPOSE NOT TO ADDRESS THE CANTON’S MECHANISMS OF PARTICIPATION. ON THE BASIS OF PAST NEGOTIATIONS’ RECORDS, WE THEN OBSERVE HOW THESE DISTINCT CHANNELS OF PARTICIPATION INTERACT WITH EACH OTHER. FINALLY WE CONSIDER THE MECHANISMS AT HAND TO ENFORCE THE RIGHTS OF PARTICIPATION OF THE VARIOUS ACTORS. |
