{"title":"反思世界贸易体系中的法治争议叙事","authors":"Ngangjoh Hodu Yenkong","doi":"10.1093/jnlids/idad031","DOIUrl":null,"url":null,"abstract":"Contestations have emerged over the nearly three decades of the World Trade Organization (WTO) regarding the narratives on the rule of law (ROL) as a central tenet of the Multilateral Trading System. One of such contestation is whether the idea of ROL was ever internalized in the WTO at its formation or has been exaggerated. This article critically explores this narrative and locates it in the context of the events of the past two decades in the WTO. It challenges the notion of ROL in the world trading system. It argues that although significant progress was made in mainstreaming ROL in the Uruguay Round project, it would be an exaggeration to claim that ROL was embedded in the trading system from its inception. The article concludes that sceptics of the ROL project in the WTO have arguably been vindicated by how things have unfolded in the past two decades.","PeriodicalId":44660,"journal":{"name":"Journal of International Dispute Settlement","volume":"6 1","pages":""},"PeriodicalIF":0.9000,"publicationDate":"2024-01-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Reflecting on the rule of law contestations narratives in the world trading system\",\"authors\":\"Ngangjoh Hodu Yenkong\",\"doi\":\"10.1093/jnlids/idad031\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Contestations have emerged over the nearly three decades of the World Trade Organization (WTO) regarding the narratives on the rule of law (ROL) as a central tenet of the Multilateral Trading System. One of such contestation is whether the idea of ROL was ever internalized in the WTO at its formation or has been exaggerated. This article critically explores this narrative and locates it in the context of the events of the past two decades in the WTO. It challenges the notion of ROL in the world trading system. It argues that although significant progress was made in mainstreaming ROL in the Uruguay Round project, it would be an exaggeration to claim that ROL was embedded in the trading system from its inception. The article concludes that sceptics of the ROL project in the WTO have arguably been vindicated by how things have unfolded in the past two decades.\",\"PeriodicalId\":44660,\"journal\":{\"name\":\"Journal of International Dispute Settlement\",\"volume\":\"6 1\",\"pages\":\"\"},\"PeriodicalIF\":0.9000,\"publicationDate\":\"2024-01-21\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Journal of International Dispute Settlement\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.1093/jnlids/idad031\",\"RegionNum\":3,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of International Dispute Settlement","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1093/jnlids/idad031","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"LAW","Score":null,"Total":0}
引用次数: 0
摘要
世界贸易组织(WTO)成立近三十年来,关于法治(ROL)作为多边贸易体系核心原则的论述出现了争议。其中一个争论点是,法治理念在世贸组织成立之初是否就已内化,还是被夸大了。本文批判性地探讨了这一说法,并将其置于世贸组织过去二十年发生的事件的背景中。文章对世界贸易体系中的 ROL 概念提出了质疑。文章认为,尽管在乌拉圭回合项目中将 ROL 纳入主流的工作取得了重大进展,但如果声称 ROL 从一开始就已融入贸易体系,那未免言过其实。文章的结论是,过去二十年的事态发展证明,对世贸组织中的 ROL 项目持怀疑态度的人是正确的。
Reflecting on the rule of law contestations narratives in the world trading system
Contestations have emerged over the nearly three decades of the World Trade Organization (WTO) regarding the narratives on the rule of law (ROL) as a central tenet of the Multilateral Trading System. One of such contestation is whether the idea of ROL was ever internalized in the WTO at its formation or has been exaggerated. This article critically explores this narrative and locates it in the context of the events of the past two decades in the WTO. It challenges the notion of ROL in the world trading system. It argues that although significant progress was made in mainstreaming ROL in the Uruguay Round project, it would be an exaggeration to claim that ROL was embedded in the trading system from its inception. The article concludes that sceptics of the ROL project in the WTO have arguably been vindicated by how things have unfolded in the past two decades.