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The Constitutionalization of the World Trade Organization : Legitimacy, Democracy, and Community in the International Trading System - Deborah Z. Cass

The Constitutionalization of the World Trade Organization

Legitimacy, Democracy, and Community in the International Trading System

Paperback Published: 1st August 2005
ISBN: 9780199285846
Number Of Pages: 266

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What is the World Trade Organization? Has it become a type of a "constitution"? Will it curb international trade discrimination and open up markets for developing countries, or will it prevent States from choosing the economic systems they want? This book untangles debates about constitutionalization and argues that the WTO is not, and should not, be described as a constitution by the standards of any conventional definition, or by the lights of any constitution to which we ought to aspire. Under current models, a constitutionalized WTO may curtail the ability of states to decide matters of national economic interest. The risk is an emphasis upon economic goals and free trade theory over other social values. Instead, Cass argues that what is needed, is a constitutionalized WTO which considers the economic development needs of States. Trading democracy, and not trading constitutionalization, is the biggest challenge facing the WTO.

Industry Reviews

'Deborah Cass has achieved that rare thing: An account which is sophisticated at both a theoretical and a doctrinal level. Her book will be a benchmark for all future writing on this theme.' Joanne Scott, University of Cambridge 'This extraordinary book probes the frontier of international economic law' From the Preface by Professor John Jackson, Georgetown University, Washington, D.C. 'Can or should global governance be guided by constitutional ideals and aspirations? What does democracy mean beyond the nation-state? Cass's book addresses these crucial issues by a careful examination of the debate over the legitimacy of the World Trade Organization. A fine legal scholar whose analysis is grounded in doctrine and jurisprudence but who also has very good interdisciplinary intuitions, Cass builds important bridges between political philosophy and international law. Even those who disagree with her conclusions about democracy and global constitutionalism will find that this work clarifies and enriches their own thinking.' Professor Robert Howse, University of Michigan

Preface
Acknowledgements
List of Abbreviations
Table of Cases
Table of International Instruments
The Origins Of The Wto Constitutionalization Debate
International Trade and Constitutionalization
Constitutionalization: The Received Account
The International Economic Law Background
Three Visions Of Wto Constitutionalization
Institutional Managerialism
Rights-Based Constitutionalization
Judicial Norm-Generation
Trading Democracy
Anti-Constitutionalization Critique
Conclusion
Bibiography
Index
Table of Contents provided by Publisher. All Rights Reserved.

ISBN: 9780199285846
ISBN-10: 0199285845
Series: International Economic Law
Audience: Professional
Format: Paperback
Language: English
Number Of Pages: 266
Published: 1st August 2005
Publisher: Oxford University Press
Country of Publication: GB
Dimensions (cm): 23.17 x 16.51  x 1.63
Weight (kg): 0.45

Earn 109 Qantas Points
on this Book