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Vol 22 No 4 April/May 2017

Book of the Month

Cover of Whistleblowing: Law and Practice

Whistleblowing: Law and Practice

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The Interaction between WTO Law and External International Law: The Constrained Openness of WTO Law

ISBN13: 9780415565165
Published: July 2011
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £95.00
Paperback edition , ISBN13 9780415859561

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International legal scholarship is concerned with the fragmentation of international law into specialised systems such as trade, environment and human rights. Fragmentation raises questions about the inter-systemic interaction between the various specialised systems of international law. In the discourse on WTO law, three propositions – openness’, 'closure' and 'privileged' – have been put forward to explain the interaction between WTO law and external law.

This book engages with these debates about how international economic law interacts with other bodies of international law. Using ideas and theories from other spheres including sociology, literature and art, the book develops a new way of thinking about how WTO law interacts with external international law through the conceptual framework of ‘constrained openness’. The book argues that constrained openness offers a more nuanced way to think about how WTO law interacts with external law.

International Trade
1. Introduction
2. The Scope and Importance of the Study: Fragmentation and WTO Law
3. The Debate on how WTO law interacts with external law
4. The Methodological Framework: The Rule of Recognition to Determine What Counts as WTO Law
5. The Conceptual Framework: The Constrained Openness of WTO Law
6. The Precautionary Principle and the WTO Agreement on Sanitary and Phytosanitary Measures
7. External Law in the Practice of WTO Law
8. Conclusion