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Wto’S Identity Crisis (Reviewing Joost Pauwelyn, Conflict Of Norms In Public International Law: How Wto Law Relates To Other Rules Of International Law (2003)), Sungjoon Cho
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Joost Pauwelyn has written an extensive and thought-provoking treatise on the interaction of norms in public international law (PIL), in particular between norms of World Trade Organization (WTO) and non-WTO norms, through a conceptual lens of “conflict.” His main argument is non-WTO norms should be able to “trump” WTO norms under certain circumstances. After framing the concept of norm conflict in PIL (Chapter 1), and defining the nature of WTO law (“reciprocal” obligations) vis-à-vis that of other branches of PIL such as human rights and international environmental law (“integral” obligations) (Chapter 2), the book unfolds its conflict thesis, including hierarchy …
Linkage Of Free Trade And Social Regulation: Moving Beyond The Entropic Dilemma, Sungjoon Cho
Linkage Of Free Trade And Social Regulation: Moving Beyond The Entropic Dilemma, Sungjoon Cho
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Focusing on the tension between free trade and social regulation, this Article argues that the WTO, in alliance with other international institutions, must develop a synergistic, nonentropic linkage within the constitutional structure of the global trading system. In the analysis set forth within the article, considerable emphasis is placed on the concept of a “trade constitution.” This is because any practical prescriptions for achieving the desired synergy must necessarily flow from an accurate understanding of the capabilities and constraints of legal and political realities inherent to a broad multisphere trading system composed of Member states, the WTO, and other international …
Gatt Non-Violation Issues In The Wto Framework: Are They The Achilles’ Heel Of The Dispute Settlement Process?, Sungjoon Cho
Gatt Non-Violation Issues In The Wto Framework: Are They The Achilles’ Heel Of The Dispute Settlement Process?, Sungjoon Cho
All Faculty Scholarship
No abstract provided.