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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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Anti-Constitutionalization

Anti-Constitutionalization

Chapter:
(p.207) 7 Anti-Constitutionalization
Source:
The Constitutionalization of the World Trade Organization
Author(s):

DEBORAH Z. CASS

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199285846.003.0007

This chapter argues that not only is constitutionalization descriptively inappropriate, it is also normatively undesirable. This position, termed the anti-constitutionalization critique, contends that constitutionalization contracts the capacity of states to decide matters of national interest; is weakly deliberative in form; emphasizes economic goals at the expense of other values; ignores the important contributions of private law to any constitution rules for international economic order; and is self-legitimating.

Keywords:   WTO, Anti-Constitutionalization, constitution, international trade, world trade

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