Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Entire DC Network
Fragmentation And Coherence In International Law, Joel P. Trachtman
Fragmentation And Coherence In International Law, Joel P. Trachtman
Joel P Trachtman
With the increasing scope and density of international law, we will observe increasing instances of fragmentation. Fragmentation is not necessarily a problem, insofar as there may be no need for coordination among different legal regimes. But where it does raise issues of conflict, or presents opportunities for synergy, it is useful to inquire whether fragmentation might be managed in a way that would reduce inefficient conflict, or harvest synergies. The existing formal system for management, provided in the VCLT, is quite limited in its response, and the outcomes that it produces would not necessarily be substantively satisfactory. This article reviews …
Interpretation And Institutional Choice At The Wto, Joel P. Trachtman
Interpretation And Institutional Choice At The Wto, Joel P. Trachtman
Joel P Trachtman
This article develops a new framework of comparative institutional analysis for assessing the implications of judicial interpretation in the World Trade Organization (WTO). The analytical framework offers an improved means to describe and assess the consequences of choices made in treaty drafting and interpretation in terms of social welfare and participation in social decision-making. The analysis builds from specific examples from WTO case law. Our framework approaches treaty drafting and judicial interpretive choices through a comparative institutional lens — that is, in comparison with the implications of alternative drafting and interpretive choices for social welfare and participation in social decision-making …