Abstract: This article undertakes an innovative analysis of the theoretical and practical bases of world trade law by employing the interactional international law theory developed by Jutta Brunnée and Stephen Toope, and the jurisprudence of Lon L. Fuller. There are two main reasons for choosing an interactional approach. Firstly, through the constructivist notion of shared understandings, it offers a suitable framework for identifying the social foundations of world trade in terms of economic and legal inputs into the system. Secondly, Fuller’s contributions are acutely relevant to world trade law because of the economics foundation of his morality of law thesis, and his insightful reflections on fidelity to law, legality, and adjudication. Fuller’s jurisprudence pays close attention to the limits of adjudicating institutional rules that apply to the allocation of economic resources. This makes it useful for discussing the procedural challenges facing the World Trade Organization compliance regime.
Publication Year: 2016
Publication Date: 2016-10-06
Language: en
Type: article
Indexed In: ['crossref']
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