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Power, Rules, and the WTO
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Smith, Fiona (2013) Power, Rules, and the WTO. Boston College Law Review, 54 (3). pp. 1063-1086. ISSN 0161-6587.
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Official URL: http://bclawreview.org/review/54_3/08_smith/
Abstract
Using Martti Koskenniemi’s theory about international law as a starting point, this Article examines how the interpretive heritage of the World Trade Organization (WTO) constrains the interpretive options available for understanding the WTO rules. First, this Article describes Koskenniemi’s critique of international law as being in permanent conflict between visions of international law as utopia and as apology. It then examines how Koskenniemi’s theory, which was originally published before the WTO’s creation, would apply to the WTO. Finally, it concludes that, in the context of the WTO, the WTO’s interpretive culture restrains the slide between visions of utopia and apology that Koskenniemi claimed.
Item Type: | Journal Article | ||||
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Divisions: | Faculty of Social Sciences > School of Law | ||||
Journal or Publication Title: | Boston College Law Review | ||||
Publisher: | Boston College * School of Law | ||||
ISSN: | 0161-6587 | ||||
Official Date: | 2013 | ||||
Dates: |
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Volume: | 54 | ||||
Number: | 3 | ||||
Page Range: | pp. 1063-1086 | ||||
Status: | Peer Reviewed | ||||
Publication Status: | Published | ||||
Access rights to Published version: | Open Access (Creative Commons) |
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