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2009

Selected Works

Politics

Sungjoon Cho

Articles 1 - 2 of 2

Full-Text Articles in Law

Global Constitutional Lawmaking, Sungjoon Cho Aug 2009

Global Constitutional Lawmaking, Sungjoon Cho

Sungjoon Cho

Global Constitutional Lawmaking
Abstract
This article identifies a nascent phenomenon of “global constitutional lawmaking” in a recent WTO jurisprudence which struck down a certain calculative methodology (“zeroing”) in the antidumping area. The article interprets the Appellate Body’s uncharacteristic anti-zeroing hermeneutics, which departs from a traditional treaty interpretation under the Vienna Convention on the Law of Treaties and the past pro-zeroing GATT case law, as a “constitutional” turn of the WTO. The article argues that a positivist, inter-governmental mode of thinking, as is prevalent in other international organizations such as the United Nations, cannot fully expound this phenomenon. Critically, this turn …

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The World Trade Constitutional Court, Sungjoon Cho Feb 2009

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 …

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