The WTO's appellate body : (Record no. 32465)
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fixed length control field | 02259naa a2200181uu 4500 |
001 - CONTROL NUMBER | |
control field | 0041910490537 |
003 - CONTROL NUMBER IDENTIFIER | |
control field | OSt |
005 - DATE AND TIME OF LATEST TRANSACTION | |
control field | 20190211171056.0 |
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION | |
fixed length control field | 100419s2005 xx ||||gr |0|| 0 eng d |
999 ## - SYSTEM CONTROL NUMBERS (KOHA) | |
Koha Dewey Subclass [OBSOLETE] | PHL2MARC21 1.1 |
041 ## - LANGUAGE CODE | |
Language code of text/sound track or separate title | eng |
100 1# - MAIN ENTRY--PERSONAL NAME | |
Personal name | PICCIOTTO, Sol |
9 (RLIN) | 39555 |
245 10 - TITLE STATEMENT | |
Title | The WTO's appellate body : |
Remainder of title | legal formalism as a legitimation of global governance |
260 ## - PUBLICATION, DISTRIBUTION, ETC. | |
Place of publication, distribution, etc. | Malden : |
Name of publisher, distributor, etc. | Wiley-Blackwell, |
Date of publication, distribution, etc. | July 2005 |
520 3# - SUMMARY, ETC. | |
Summary, etc. | The creation of the Appellate Body (AB) of the World Trade Organization (WTO) entails an unprecedented delegation of power to an international adjudicator, because the WTO requires states to ensure compliance of their domestic regulations with the sweeping obligations in WTO agreements. This is legitimized in some academic analyses and much political rhetoric in terms of the rule of law, suggesting that the role of the adjudicator is merely to apply the precise words of the texts agreed by states, according to their natural meaning. The AB has supported this by adopting a formalist approach that combines an objectivist view of meaning with a legalistic style of judgment. However, both the general structure and many of the specific provisions of the WTO agreements are indeterminate and raise issues of interpretation that were known to be highly contestable. Although the delegation of adjudication in its early phase was considered to be of a narrow technical function, in the current phase interpretation is more clearly seen to involve a flexible application of principles to cases in light of the policies involved. The AB's role would be better legitimized by adopting a more open epistemology and reasoning that could be accessible to a wider constituency. However, it is constrained by fear of usurping the political legitimacy of the governments to which it is primarily accountable, and governments, in turn, are motivated by a reluctance to admit to their domestic constituencies how much power has been transferred to supranational instances such as the AB. |
773 08 - HOST ITEM ENTRY | |
Title | Governance: An International Journal of Policy, Administration, and Institutions |
Related parts | 18, 3, p. 477-504 |
Place, publisher, and date of publication | Malden : Wiley-Blackwell, July 2005 |
International Standard Serial Number | ISSN 09521895 |
Record control number | |
942 ## - ADDED ENTRY ELEMENTS (KOHA) | |
Koha item type | Periódico |
998 ## - LOCAL CONTROL INFORMATION (RLIN) | |
-- | 20100419 |
Operator's initials, OID (RLIN) | 1049^b |
Cataloger's initials, CIN (RLIN) | Daiane |
998 ## - LOCAL CONTROL INFORMATION (RLIN) | |
-- | 20100420 |
Operator's initials, OID (RLIN) | 1424^b |
Cataloger's initials, CIN (RLIN) | Carolina |
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