By Ronnie R.F. Yearwood
1. The Fragmented Nature of foreign legislation 2. The Inadequacy of the pro device field of Treaty Interpretation as an Account of Fragmentation three. The limited Openness of WTO legislation four. the controversy at the interplay among WTO legislation and exterior foreign legislation five. The Precautionary precept and the WTO contract on Sanitary and Phytosanitary Measures 6. Examples of interplay among WTO legislations and exterior overseas legislations 7. end
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At this juncture, I am not making a case for my own work or for any particular theories or ideas about WTO law. I am simply making a case for any theory of law that seeks to explain what is WTO law and so from understanding what it is and what is its purpose, we can perhaps have fuller explorations of how it interacts with external international law. 113 We must offer an exposition of the theory itself. 114 In this study I focus on identifying what WTO law is, and explaining its interaction with external international law.
She inquired. ‘Oh, I am a ventriloquist,’ said the little man . . Perhaps what the man, pretending to be the Wizard of Oz, did not realise in creating the strong-all-knowing-solving caricature of himself is that the caricature became the ventriloquist and the man the puppet. There is perhaps a lesson in this for the law. It cannot provide answers for every problem; or rather every problem need not be represented as a legal problem with a requisite legal solution. 3 Outline of my approach There are three points to take away from the discussion so far that inform how I approach the study of the interaction between WTO law and external international law.
See Darwin F, More Letters of Charles Darwin Vol. 1 (New York: D. Appleton, 1903). 46 On WTO law as socially constructed see Lang A, ‘Reflecting on Linkage: Cognitive and Institutional Change in the International Trading System’ (2007) 70(4) Modern Law Review 523. On law as social constructed see Beckett J, ‘Countering Uncertainty and Ending Up/Down Arguments: A Prolegomena to a Response’ (2005) 16(2) European Journal of International Law 213–238, 214–215. For further reading on the related issue of social and institutional facts as different from brute facts see Searle J, The Construction of Social Reality (New York: Free Press, 1995); Specifically related to law as a social and institutional fact see MacCormick N and O Weinberger, An Institutional Theory of Law: New Approaches to Legal Positivism (Dordrecht: D.