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WTO Jurisprudence - Governments, Private Rights, and International Trade (Paperback)
Loot Price: R1,214
Discovery Miles 12 140
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WTO Jurisprudence - Governments, Private Rights, and International Trade (Paperback)
Series: Routledge Research in International Law
Expected to ship within 12 - 17 working days
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This book offers a critical examination of the jurisprudence of the
World Trade Organization (WTO) as an emancipatory international
social contract on trade. The book suggests that the WTO is an
international organization built and operating on member states'
attribution of authority through consent with legislative,
administrative, and adjudicative functions - three functions in one
triune personality. With a solid constitutional continuity building
on GATT experiences, the WTO has successfully made governments
accountable to foreign individuals in various capacities either as
traders of goods, providers of services, or holders of intellectual
property rights within the global marketplace. With a triune
personality, the WTO operates within the reign of state primacy -
the force - ultimately for the benefits of individuals - the ends -
in the global marketplace, and gains a soul of its own in the
institutional evolution - the means - of the global trading regime.
Although the tripartite dynamics between states, international
institutions, and individuals in the global marketplace are
unprecedentedly complex, the WTO's ends of benefiting individuals
in the global marketplace has no end. Beyond the critical analysis
of WTO's decision-making by consensus, the book critically examines
GATT's "common intention" treaty interpretation, Antidumping's NME
methodology, TRIPS' public health concerns, and IP-competition
trade policy dynamics. A unified WTO jurisprudence looking at the
WTO as an international social contract on trade is therefore
proposed to allow a fresh look at the force, the means, and the
ends of the constitutional evolution of the global trading regime.
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