This article takes Rousseau's proposition that a norm is just if everyone agrees with it unanimously, and applies it to the World Trade Organization's (WTO) law. Since WTO law is adopted and amended with every Member's involvement and consensus, it can be inferred that normatively it is just. Moreover, some factual doubts regarding the adoption and amendment are dealt with and finally rejected, as well as certain circumstances that could prevent deducing a norm's justice. Moreover, Rousseau's notions also allow us to highlight some interesting aspects of WTO dispute settlement. In sum, it is possible to infer that WTO law is just according to the criteria set out by Rousseau.
Keywords:
World Trade Organization, WTO, fairness, participation, unanimity, consensus
Author Biography
Jaime Tijmes, Europa Institut Reutlingen
Abogado, Universidad de Chile; doctor en derecho, Universidad de Tübingen, Alemania; docente de Relaciones Internacionales, Europa Institut Reutlingen, Alemania.
Tijmes, J. (2012). Rousseau and the law of the World Trade Organizaiton. Estudios Internacionales, 44(172), 49–59. https://doi.org/10.5354/0719-3769.2012.23584
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