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The Interaction between World Trade Organisation (WTO) Law and External International Law : The Constrained Openness of WTO Law (A Prologue to a Theory)

By: (Author) Ronnie R.F. Yearwood

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Ksh 8,350.00

Format: Paperback / Softback

ISBN-10: 0415859565

ISBN-13: 9780415859561

Series: Routledge Research in International Economic Law

Publisher: Taylor & Francis Ltd

Imprint: Routledge

Country of Manufacture: GB

Country of Publication: GB

Publication Date: Apr 12th, 2013

Print length: 264 Pages

Weight: 490 grams

Product Classification: Economics

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This book examines how international economic law interacts with other bodies of international law. Using ideas and theories from other spheres including sociology, literature and art, the book develops a new way of thinking about how WTO law interacts with external international law through the conceptual framework of ‘constrained openness’.

International legal scholarship is concerned with the fragmentation of international law into specialised legal systems such as trade, environment and human rights. Fragmentation raises questions about the inter-systemic interaction between the various specialised systems of international law. This study conceptually focuses on the interaction between World Trade Organisation (WTO) law and external international law. It introduces a legal theory of WTO law, constrained openness, as a way to understand that interaction. The idea is that WTO law, from its own internal point of view, constructs its own law. The effect is that external international law is not incorporated into WTO law wholesale, but is (re)constructed as WTO law. It follows that legal systems do not directly communicate with each other. Therefore, to influence WTO law, an indirect strategic approach is required, which recognises the functional nature of the differentiated systems of the fragmented international legal system.


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