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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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(p.207) 7 Anti-Constitutionalization
The Constitutionalization of the World Trade Organization


Oxford University Press

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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