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http://edoc.unibas.ch/18562/3/...
Part of book or chapter of book
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https://doi.org/10.1017/cbo978...
Part of book or chapter of book . 2011 . Peer-reviewed
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SSRN Electronic Journal
Article . 2011 . Peer-reviewed
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https://dx.doi.org/10.5451/uni...
Other literature type . 2011
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The Constitutionalisation of International Trade Law

Authors: Armingeon, Klaus; Milewicz, Karolina; Peter, Simone; Peters, Anne;

The Constitutionalisation of International Trade Law

Abstract

Empirical research lends support to the idea of a, "multi-speed globe," of differentiated (fragmented) constitutionalisation, rather than a fully-fledged integrative constitutional process. "Variable geometry," on the global scale could acknowledge irreconcilable differences between nation states.A prominent candidate for one fragment of this variable global constitutionalisation is the World Trade Organization (WTO). Constitutionalisation of the WTO means an evolution from constitution to constitutionalism within this organisation.A core constitutional issue is the public interest. The concept of, "public interest," can be used in various ways. Exception and limitation clauses play an important role in the constitutionalist reconstruction of international law.The WTO is so far only modestly constitutionalised, but could and should be further constitutionalised. Further constitutionalisation of the WTO should comprise the following reforms: upgrading non-trade concerns such as the environment in the treaty language itself, liberalisation in trade sectors in which poor countries can compete, empowerment of individuals by enabling at least indirect participation in secondary law-making (parliamentary dimension) and dispute settlement (direct effect), streamlining of the decision-making and law-making processes by reviving the legally available options for majority voting and judicial review of WTO acts.

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Switzerland
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    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    10
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Top 10%
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
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    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
10
Top 10%
Average
Top 10%
Green
bronze
Fields of Science
Fields of Science
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