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The Constitutionalization of the World Trade OrganizationLegitimacy, Democracy, and Community in the International Trading System$
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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

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Rights-Based Constitutionalization

Rights-Based Constitutionalization

Chapter:
(p.145) 5 Rights-Based Constitutionalization
Source:
The Constitutionalization of the World Trade Organization
Author(s):

DEBORAH Z. CASS

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199285846.003.0005

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 The theory behind the model is based on an unnecessary and outdated opposition between State and individual, and it is an over-ambitions and evangelical model which attempts to ‘hijack’ traditional human rights’ legitimacy.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

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