WTO Jurisprudence: Governments, Private Rights, and International Trade

This book critically examines the jurisprudence of the World Trade Organization (WTO) as an emancipatory international social contract on trade, suggesting that it operates on the attribution of authority. It operates within the reign triune personality of states, international institutions, and individuals in the global marketplace, benefiting individuals through its decision-making by consensus and critical examination of GATTs common intention treaty interpretation, Antidumpings NME methodology, TRIPS public health concerns, and IP-competition trade policy dynamics.

Format: Paperback / softback
Length: 238 pages
Publication date: 29 April 2022
Publisher: Taylor & Francis Ltd

This comprehensive book delves into a critical examination of the jurisprudence of the World Trade Organization (WTO) as an emancipatory international social contract on trade. It proposes that the WTO is an international organization established and functioning on the attribution of authority.
authority by member states through consent, encompassing legislative, administrative, and adjudicative functions, forming a unified triune personality. Building upon the experiences of the General Agreement on Tariffs and Trade (GATT), the WTO has successfully held governments accountable to foreign individuals in various capacities, whether they are traders of goods, providers of services, or holders of intellectual property rights within the global marketplace.

Operating within the framework of state primacy, the WTO aims to serve the interests of individuals, ultimately benefiting them in the global marketplace. This pursuit gains momentum through the institutional evolution of the global trading regime, giving the WTO a distinct soul of its own. While the dynamics between states, international institutions, and individuals in the global marketplace are intricate, the ultimate goal of benefiting individuals remains unwavering.

The book goes beyond a mere critical analysis of WTO decision-making by consensus and delves into a comprehensive examination of various aspects of the organization's jurisprudence. It critically examines the common intention treaty interpretation employed by the WTO, the methodology used for Antidumping and Non-Market Economy (NME) investigations, the public health concerns associated with the TRIPS Agreement, and the dynamics of IP-competition trade policy.

In light of these critical examinations, the book proposes a unified WTO jurisprudence that views the WTO as an international social contract on trade. This perspective encourages a fresh look at the forces, means, and ends of the constitutional evolution of the global trading regime. By adopting a unified approach, the book aims to provide a comprehensive understanding of the WTO's role in shaping the international trade landscape and its impact on individuals, governments, and international institutions.

Dimension: 234 x 156 (mm)
ISBN-13: 9780367499419