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International Trade Law

2016

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Theory And Theoretical Approaches To Wto Law, Chios Carmody Sep 2016

Theory And Theoretical Approaches To Wto Law, Chios Carmody

Law Publications

This article examines the role of theory in relation to the law of the World Trade Organization (WTO), and more broadly, international economic law. It posits that an absence of agreement about an underlying theory of WTO law can be traced to lack of clarity about what a ‘theory’ is as well as the fact that the current vogue for interdisciplinary approaches to law means that WTO law, in particular, is analyzed through non-normative frameworks that are removed from the law’s legality. The article goes on to examine three theoretic frameworks – textual, political, and economic – that have been …