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The Wto Constitution: Tertiary Rules For Intertwined Elephants, Joel P. Trachtman
The Wto Constitution: Tertiary Rules For Intertwined Elephants, Joel P. Trachtman
ExpressO
Constitutions have many dimensions. These dimensions include at least the following:
• an economic constitution in the sense of a set of rules for exchange of value and authority,
• an interfunctional constitution that allows for the integration of various social values,
• a political constitution that reflects the cultural and democratic integrity of a group of people,
• a legal and judicial constitution that provides rules for the making of other rules, and for determining supremacy and the scope of judicial application of rules,
• a human rights constitution that limits the sphere of governmental authority, and
• a …
Compliance Theory And The Inter-American Court Of Human Rights, Morse Hyun-Myung Tan
Compliance Theory And The Inter-American Court Of Human Rights, Morse Hyun-Myung Tan
ExpressO
This essay fills a gap by exploring compliance theory in international law to the Inter-American Court of Human Rights. After introducing the topic and setting the context, it delves into the question of why nations follow international law. Interacting with prominent theoretical models (including the managerial model, fairness and legitimacy, transnational legal process, self-interest, and a comparative perspective with Europe), it arrives at a critical synthesis in the conclusion.