Fairness in International Economic Law and Relations

Citation data:

SSRN Electronic Journal

Publication Year:
2013
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SSRN
Repository URL:
https://ir.lib.uwo.ca/lawpub/177; https://ir.lib.uwo.ca/lawpub/175
SSRN Id:
2161623
DOI:
10.2139/ssrn.2161623
Author(s):
Chios C. Carmody
Publisher(s):
Elsevier BV
Tags:
International Trade Law; fairness; equality; justice; WTO; international economic law
article description
The idea of fairness is a recurrent one in international economic law and relations. By and large, however, commentators have failed to provide a structured understanding for this vital concept or explain its reflection in legal rules. This article proposes a theory of fairness as part of a broader theory of justice, suggesting that fairness is a part of justice, but not the whole of it. Rather, justice may be thought of as a combination of equality plus fairness (i.e. justice = equality + fairness), with the proviso that in any complex system of legal rules, equality must be greater than, or conceptually prior to, fairness (i.e. equality > fairness). In the latter half of this article a look is taken at how these conceptual relationships are expressed in the law of the World Trade Organization.