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    See you in Geneva? Democracy, the Rule of Law and the WTO (Working Paper 16)

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    Date
    2001-03
    Author
    Wolfe, Robert
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    Abstract
    This paper is a constructivist attempt to understand a global political space where states

    as actors (the traditional domain of international relations theory and international law) are joined

    by international organizations, firms, NGOs, and others. Today we know that many supposedly private

    or international orders (meaning sources of order other than the central institutions of the territorial

    state) are engaged in the regulation of large domains of collective life in a world where the sources of

    power are multiple, sovereignties are overlapping, and anarchy is meaningless. The paper begins with

    an attempt, discussed in the first section, to sort out what the rule of law might mean in the context of

    the WTO, where we soon see that it can only be understood by also considering the meaning of

    Administrative Law. Much of the debate about rule of law depends on positivist and centralist theories

    of “law,” whose inadequacy for my purposes leads, in the second section, to a discussion of legal

    pluralism and implicit law in legal theory. These approaches offer an alternative theoretical

    framework that respects the role of the state while not seeing it as the only source of normativity. The

    third section looks directly at WTO law and dispute settlement. I tr y to show that the sources and

    interpretations of law in the WTO and the trading system cannot be reduced to the Dispute

    Settlement Body. I conclude in the fourth section with some suggestions on how a WTO rule of law

    could be understood as democratic.
    URI for this record
    http://hdl.handle.net/1974/14896
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