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From Bilateralism to Community InterestEssays in Honour of Bruno Simma$
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Ulrich Fastenrath, Rudolf Geiger, Daniel-Erasmus Khan, Andreas Paulus, Sabine von Schorlemer, and Christoph Vedder

Print publication date: 2011

Print ISBN-13: 9780199588817

Published to Oxford Scholarship Online: May 2011

DOI: 10.1093/acprof:oso/9780199588817.001.0001

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The World Trade Organization as a Club: Rethinking Reciprocity and Common Interest

The World Trade Organization as a Club: Rethinking Reciprocity and Common Interest

Chapter:
(p.172) The World Trade Organization as a Club: Rethinking Reciprocity and Common Interest
Source:
From Bilateralism to Community Interest
Author(s):

Peter-Tobias Stoll

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199588817.003.0013

The issues of reciprocity and common interest — or community interest — mark two demarcation points in the oeuvre of Bruno Simma. Some parts of international economic law, particularly the WTO legal system, arguably have a number of characteristics that go beyond the idea of strict reciprocity and that might well reflect a legal structure, which Simma later on identified as one designed to serve a common interest. This chapter explores further the concepts and structures of WTO law in view of reciprocity and community interest. The effort may be particularly worthwhile when we take a different view on international trade law. Beyond its strange issues and cases, its historical roots can be found in Article 55 of the UN Charter and can be seen as a cornerstone of the Charter's perception of the relevance of economic and social conditions for world peace. In addition, it is a major element in securing the economic and social development of nations and peoples around the world.

Keywords:   WTO, international trade law, international economic law, community interest, reciprocity, community interest

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