Jump to ContentJump to Main Navigation
Realizing UtopiaThe Future of International Law$
Users without a subscription are not able to see the full content.

The Late Antonio Cassese

Print publication date: 2012

Print ISBN-13: 9780199691661

Published to Oxford Scholarship Online: September 2012

DOI: 10.1093/acprof:oso/9780199691661.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see www.oxfordscholarship.com/page/privacy-policy).date: 16 February 2019

Fragmentation and Utopia: Towards an Equitable Integration of Finance, Trade, and Sustainable Development

Fragmentation and Utopia: Towards an Equitable Integration of Finance, Trade, and Sustainable Development

Chapter:
(p.427) 33 Fragmentation and Utopia: Towards an Equitable Integration of Finance, Trade, and Sustainable Development
Source:
Realizing Utopia
Author(s):

Robert Howse

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199691661.003.0033

The aspiration to equity, providing to each his or her due, is inseparable from the utopian idea. We can help to achieve more equitable outcomes through better appreciating of the elements of equity implicit or sometimes explicit in the existing rules of international law, interpreting and applying them together with or in light of other norms of international law, such as those entrenched in the UN Human Rights Covenants. The World Trade Organization (WTO) rules on exchange actions and balance-of-payments justifications for trade restrictions clearly reflect a conception of equity that takes into account the particular needs and situations of developing countries. A realistic utopia implies fully recognizing that equitable considerations are not narrow exceptions to technocratic governance of finance, or merely a form of aspirational rhetoric or soft law, but are central to the task of an international financial system embedded in the general project of international law. In the way that WTO dispute-settlement organs have interpreted the provisions in question, especially as they relate to developing countries, equity understood as differential treatment has too often been marginalized or even dismissed.

Keywords:   equity, World Trade Organization, utopia, international law

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .