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Full-Text Articles in Law
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 …
Global Constitutional Lawmaking, Sungjoon Cho
Global Constitutional Lawmaking, Sungjoon Cho
Sungjoon Cho
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 …