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"As the processes of regionalisation and globalisation have intensified, there have been accompanying increases in the regulations of international trade and economic law at the levels of international, regional and national laws. The subject matter of this series is international economic law....
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Although a court, as a judicial organ, usually fulfils its mission by resolving specific disputes brought to it, it occasionally goes beyond this simple dispute-resolving function and more actively engages in building policies which define, and "constitute," the very polity to which the court...
Persistent link: https://www.econbiz.de/10014219313
This Article probes the previously underexplored failure of the world trading rules to keep abreast with the global marketplace. It argues that the global trading system, despite its well-documented contribution to the spectacular expansion of postwar trade, has never in fact fully moved away...
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This article argues that in adjudicating sensitive disputes, such as those concerning human health, the WTO tribunal (Court) acts as a Dworkinian Hercules which provides its own answers on risks and science. In judging which party should win the case, this Hercules assesses parties' arguments...
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This Article critiques the rational-institutional analysis of the World Trade Organization (WTO) that Gregory Shaffer and Joel Trachtman present, and proposes an alternative “sociological” framework. The Article notes that rationalism, although a powerful heuristic of the WTO’s operation,...
Persistent link: https://www.econbiz.de/10014173084
This article articulates the potentially fatal consequences of administrative barriers to the goal of developing poor countries and suggests retooling the current trade norms and policies in a developmentally-friendly manner. The article constructs the concept of administrative barriers...
Persistent link: https://www.econbiz.de/10014051918
Decisions of the WTO tribunal (Court) on sensitive disputes, such as those concerning human health, have often caused resentment from some groups, besides losing parties. Beneath this disapproval against the Court lies an image of a Dworkinian Hercules which capriciously renders its own answers...
Persistent link: https://www.econbiz.de/10014052266