Title: Free Trade as a Basic Paradigm of the International Trade Law and Its Controversy
Abstract: International trade law is absolutely based on the free trade regime which persistently reducing trade barriers among trading partner, therefore, The international trade law as an international legal norm shall be based on the free trade which is inspired by economic thought advanced by Adam Smith and David Ricardo theory concerning free market system that so called invisible hand, absolute advantage and comparative advantage. According to ideological perspective, the paradigm of international trade law is inspired and colored by capitalism values. In term of creating global welfare, International trade law should finally be driven by economic reasons, therefore the legal norms should promote the economic growth among trading partner by reducing trade barriers that formulated under MFN and National Treatment Clauses. But, on the other hand, free trade invites an endless controversy advocated by most developing countries.Keywords: Free Trade, Fundamental Paradigm of International Trade Law and controversy
Publication Year: 2008
Publication Date: 2008-12-01
Language: en
Type: article
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