Law Publications
Title
Document Type
Presentation
Publication Date
2013
URL with Digital Object Identifier
http://dx.doi.org/10.2139/ssrn.2161623
Abstract
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.
Citation of this paper:
Chios Carmody, "Fairness in WTO Law" unpublished manuscript presented at University College London Symposium on International Economic Law (Nov. 2013)
Notes
Presented at University College London Symposium on International Economic Law