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A Constitutional Interpretation of the GATT/WTO
Authors:Gabriele Orcalli
Institution:(1) Department of Economics, University of Padua, Italy
Abstract:Constitutional analysis is used to evaluate the role of the WTO. The following questions are addressed: - can the WTO define and implement its own decisions, rather than those of its members? - if so, does this make it an ‘organised player’, capable of having its own role? - what allows it to exist as an ‘organised player’? My main conclusion is that the WTO's legitimisation depends not only on its safeguarding of existing rules, but also on its long-term ability to maintain equity in the distribution of benefits and costs among member Countries.
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