Jump to ContentJump to Main Navigation
The Constitutionalization of the World Trade OrganizationLegitimacy, Democracy, and Community in the International Trading System$
Users without a subscription are not able to see the full content.

Deborah Z. Cass

Print publication date: 2005

Print ISBN-13: 9780199285846

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199285846.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 24 January 2021

Rights-Based Constitutionalization

Rights-Based Constitutionalization

(p.145) 5 Rights-Based Constitutionalization
The Constitutionalization of the World Trade Organization


Oxford University Press

This chapter discusses rights-based constitutionalization. This model is aspirational in character — an argument for what the system should be, and not what it is. According to this view, constitutionalization should be promoted, and it should be a constitutionalization process in which a right to trade is recognized. It is argued that rights-based constitutionalization is inconsistent with traditional methods for the incorporation and transformation of rules into international law. The theory behind the model is based on an unnecessary and outdated opposition between State and individual, and it is an over-ambitions and evangelical model which attempts to ‘hijack’ traditional human rights’ legitimacy.

Keywords:   rights-based constitutionalization, human rights, international law

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .