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The Development of World Trade Organization LawExamining Change in International Law$
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Gregory Messenger

Print publication date: 2016

Print ISBN-13: 9780198716464

Published to Oxford Scholarship Online: March 2016

DOI: 10.1093/acprof:oso/9780198716464.001.0001

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International Law in a Globalized World

International Law in a Globalized World

Chapter:
(p.13) 2 International Law in a Globalized World
Source:
The Development of World Trade Organization Law
Author(s):

Gregory Messenger

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198716464.003.0002

This chapter sets out the two principal claims of the book. First, it supports the analysis of international law through a process-based account, specifically one tied to the notion of globalization. Acknowledging the multiple actors and jurisdictional influences on the development of WTO law in particular necessitates a means to clarify the complex interplay involved. Rejecting the use of empiricist approaches to examining law, the chapter turns to the second claim, that to understand the development of WTO law as a complex process requires the use of a pluralist causal account. The chapter concludes by reframing three common lenses for the analysis of law into causal influences, introducing the three causal categories which are the focus of Chapter 3.

Keywords:   international law, legal theory, world trade law, WTO law, transnational legal process, law and causation, empiricism, formalism, constructivism, idealism

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