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Full-Text Articles in Law
Are World Trading Rules Passé?, Sungjoon Cho, Claire R. Kelly
Are World Trading Rules Passé?, Sungjoon Cho, Claire R. Kelly
Sungjoon Cho
Reconstructing World Politics: Norms, Discourse, And Community, Sungjoon Cho
Reconstructing World Politics: Norms, Discourse, And Community, Sungjoon Cho
Sungjoon Cho
This Article argues that the conventional (rationalist) approach to world politics characterized by political bargain cannot fully capture the new social reality under the contemporary global ambience where ideational factors such as ideas, values, culture, and norms have become more salient and influential not only in explaining but also in prescribing state behaviors. After bringing rationalism’s paradigmatic limitations into relief, the Article offers a sociological framework that highlights a reflective, intersubjective communication among states and consequent norm-building process. Under this new paradigm, one can understand an international organization as a “community” (Gemeinschaft), not as a mere contractual instrument of its …
Promises And Perils Of New Global Governance: A Case Of The G20 (With C. Kelly), Sungjoon Cho, Claire R. Kelly
Promises And Perils Of New Global Governance: A Case Of The G20 (With C. Kelly), Sungjoon Cho, Claire R. Kelly
Sungjoon Cho
From Control To Communication: Science, Philosophy And World Trade Law, Sungjoon Cho
From Control To Communication: Science, Philosophy And World Trade Law, Sungjoon Cho
Sungjoon Cho
A Long And Winding Road: The Doha Round Negotiation In The World Trade Organization, Sungjoon Cho
A Long And Winding Road: The Doha Round Negotiation In The World Trade Organization, Sungjoon Cho
Sungjoon Cho
This article provides a concise history of the Doha Round negotiation, analyzes its deadlock and offers some suggestions for a successful deal. The article observes that the nearly decade long negotiational stalemate is symptomatic of the diametrically opposed beliefs on the nature of the Round between developed and developing countries. While developed countries appear to be increasingly oblivious of Doha’s exigency, i.e., as a “development” round, developing countries vehemently condemn the developed countries’ narrow commercial focus on the Doha Round talks. It will not be easy to untie this Gordian knot since both Worlds tend to think that no deal …
Global Constitutional Lawmaking, Sungjoon Cho
Global Constitutional Lawmaking, Sungjoon Cho
Sungjoon Cho
An Identity Crisis Of International Organizations, Sungjoon Cho
An Identity Crisis Of International Organizations, Sungjoon Cho
Sungjoon Cho
An Identity Crisis of International Organizations
Abstract
International organizations (IOs) are ubiquitous. More than two hundred IOs touch our everyday lives, ranging banking to flu-shots. However, conventional political scientists seldom pay sufficient attention to IOs which they thoroughly deserve given their contemporary prominence. Because conventional international relations (IR) theories consider IOs as mere passive machineries, they hardly offer a satisfactory explanation on a distinctive mode of IOs’ institutional dynamic, in which a specific IO, as a separate and autonomous organic entity, grows, evolves and eventually makes sense of its own existence. This Essay offers a novel perspective which attempts to …
The World Trade Constitutional Court, Sungjoon Cho
The World Trade Constitutional Court, Sungjoon Cho
Sungjoon Cho
The World Trade Constitutional Court Sungjoon Cho Abstract Although a court, as a judicial organ, usually fulfils its mission by resolving specific disputes brought to it, it occasionally goes beyond this simple dispute-resolving function and more actively engages in building policies which define, and “constitute,” the very polity to which the court belongs, as was seen in Brown v. Board of Education. If this “constitutional adjudication” is an integral function of any domestic high court, could (and should) an international tribunal, in particular the World Trade Organization (WTO) tribunal, also play such a distinctive role? This paper contends that the …
Toward An Identity Theory Of International Organizations, Sungjoon Cho
Toward An Identity Theory Of International Organizations, Sungjoon Cho
Sungjoon Cho
Toward an Identity Theory of International Organizations
Abstract
Today, we live in an era of international organizations (IOs). With more than two hundred IOs existing, they touch our everyday lives, ranging from air travel to flu shots. Such paramount significance notwithstanding, conventional international relations (IR) theories, such as realism, have failed to take IOs seriously. Conventional IR scholars view an IO as nothing but passive machinery created and controlled by states for their functional need. Under this position, while an IO may facilitate inter-state cooperation and reduce transaction costs, it would never have a life of its own. Conventional IR …