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WTO Jurisprudence Wenwei Guan

WTO Jurisprudence By Wenwei Guan

WTO Jurisprudence by Wenwei Guan


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Summary

This book offers a critical examination of the tripartite dynamics between governments, private rights and the World Trade Organization (WTO) as the worlds trading mechanism.

WTO Jurisprudence Summary

WTO Jurisprudence: Governments, Private Rights, and International Trade by Wenwei Guan

This book offers a critical examination of the jurisprudence of the World Trade Organization (WTO) as an emancipatory international social contract on trade.

The book suggests that the WTO is an international organization built and operating on member states attribution of authority through consent with legislative, administrative, and adjudicative functions three functions in one triune personality. With a solid constitutional continuity building on GATT experiences, the WTO has successfully made governments accountable to foreign individuals in various capacities either as traders of goods, providers of services, or holders of intellectual property rights within the global marketplace. With a triune personality, the WTO operates within the reign of state primacy the force ultimately for the benefits of individuals the ends in the global marketplace, and gains a soul of its own in the institutional evolution the means of the global trading regime. Although the tripartite dynamics between states, international institutions, and individuals in the global marketplace are unprecedentedly complex, the WTOs ends of benefiting individuals in the global marketplace has no end. Beyond the critical analysis of WTOs decision-making by consensus, the book critically examines GATTs "common intention" treaty interpretation, Antidumpings NME methodology, TRIPS public health concerns, and IP-competition trade policy dynamics. A unified WTO jurisprudence looking at the WTO as an international social contract on trade is therefore proposed to allow a fresh look at the force, the means, and the ends of the constitutional evolution of the global trading regime.

About Wenwei Guan

Wenwei Guan is an Associate Professor of Law at City University of Hong Kong.

Table of Contents

1. International Social Contract on Trade: Its Force, Means and Ends 2. WTO Decision-making by Consensus 3. GATT: The "Common Intention" Approach of Treaty Interpretation 4. Antidumping: The NME Normal Value Determination 5. TRIPS: IPRs, Public Health, and International Trade 6. Trade and Policy: IP-competition Dynamics in TRIPS FRAND Enforcement 7. Ends without End: The Future Prospects of WTO Evolution

Additional information

NPB9780367428761
9780367428761
0367428768
WTO Jurisprudence: Governments, Private Rights, and International Trade by Wenwei Guan
New
Hardback
Taylor & Francis Ltd
2020-07-21
238
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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