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The WTO's appellate body : (Record no. 32465)

000 -LEADER
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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