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The Constitutionalization of the World Trade Organization - Legitimacy, Democracy, and Community in the International Trading System (Hardcover)
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The Constitutionalization of the World Trade Organization - Legitimacy, Democracy, and Community in the International Trading System (Hardcover)
Series: International Economic Law Series
Expected to ship within 12 - 17 working days
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This is a book about the constitutionalization of the World Trade
Organization, and the contemporary development of institutional
forms and democratic ideas associated with constitutionalism within
the world trading system. It is about constitutionalization
enthusiasts who promote institutions, management techniques, rights
discourse and quasi-judicial power to construct a constitution for
the WTO. It is about constitutional skeptics who fear the effect
the phenomenon of constitutionalization is having on the autonomy
of states, the capacity of the WTO to consider non-economic and
non-free-trade goals, and democratic processes at the WTO and
within the nation-state. The aim of the study, then, is to
disentangle debates about the various meanings of the term
'constitution' when it used to apply to the World Trade
Organization, and to reflect upon the significance of those
meanings for more general international law conceptions of
constitutions. Cass argues that the WTO is not and should not be
described as a constitution, either by the standards of any
received account of that term, or by the lights of any of the
current WTO models. Under these definitions serious issues of
legitimacy, democracy and community are at stake. The WTO would
lack a proper political structure to balance the work of its
judicial bodies; it may curtail the ability of states to decide
matters of national economic interest; it lacks authorization by a
coherent political community; and, it risks an emphasis upon
economic goals and pure free trade over other, equally important,
social values. Instead, Cass argues that what is needed is a
constitutionalized WTO which considers the economic development
needs of states and takes account of the skewed playing field of
international trade and its effect on the economic prospects of
developing countries. In short, trading democracy, legitimacy and
community and not trading constitutionalization, are the biggest
challenges facing the WTO.
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