The Constitutionalization of the World Trade Organization

TRAMA

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.

NOTE EDITORE

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.

ALTRE INFORMAZIONI

• Condizione: Nuovo
• ISBN: 9780199285846
• Collana: International Economic Law Series
• Dimensioni: 234 x 16.6 x 156 mm Ø 443 gr
• Formato: Brossura
• Illustration Notes: 1 table
• Pagine Arabe: 296