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The World Trade Organization is a central player in the regulation of international trade. As the rights and duties that form WTO law are not created in a vacuum, there exists a complex network of domestic, regional and international influences on the development of WTO law that go beyond the disciplines found in the covered agreements or the interpretations given by panels and the Appellate Body. As such, understanding the development of WTO law in a wider institutional context is critical to comprehending WTO law in a new age of legal globalization.The Development of World Trade Organization Law: Examining Change in International Law examines the development of the law of the WTO through an analysis of competing global actors, norms, and institutions that have influence over it. Taking a different approach to social-scientific or traditional legal models, this book argues that such globalized actors are the driving force behind the development of WTO law. Identifying causal language as key to understanding this development, the volume examines three different causal influences: instrumental, systemic, and constitutive. It applies this causal methodology to three key areas of WTO law- safeguard measures, sanitary and phytosanitary measures, and subsidies. The volume provides detailed explanations of why the law has developed as it has and offers insights into the future functioning of the WTO system.
How do external global actors, norms, and institutions influence the evolution of World Trade Organization law beyond traditional legal interpretations? Gregory Messenger, a scholar of international law, posits that WTO law does not develop in isolation but is shaped by a complex network of domestic and international forces. By moving away from traditional legal models, the author introduces a causal methodology—categorized into instrumental, systemic, and constitutive influences—to explain the mechanisms of legal change within the global trade system.
What You Will Find
Experts identify this work as a significant contribution to the study of legal globalization and institutional theory. Readers frequently note the academic density of the prose, which serves as a rigorous resource for scholars and practitioners interested in the mechanics of international trade law.
Page Count:
304
Publication Date:
2016-04-01
Publisher:
Oxford University Press
ISBN-10:
019871646X
ISBN-13:
9780198716464
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