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Unformatted text preview: n any rules -bas ed s ys tem of co-operation, s ince without thes e values rules would be m eaningles s in
the firs t place. Rules , therefore, create their own incentive for fulfilm ent.
The m om entum of legal developm ent has occurred in other ins titutions bes ides the GATT, m os t notably in the
European Union (EU). Over the pas t two decades the European Court of Jus tice (ECJ) has cons is tently
rendered decis ions that have expanded increm entally the EU's internal m arket, in which the doctrine of 'm utual
recognition' handed down in the cas e Cas s is de Dijon in 1979 was a key turning point. The Court is now widely
recognis ed as a m ajor player in European integration, even though arguably s uch a s trong role was not
originally envis aged in the Treaty of Rom e, which initiated the current European Union. One m eans the Court
us ed to expand integration was the 'teleological m ethod of interpretation', whereby the actions of m em ber
s tates were evaluated agains t 'the accom plis hm ent of the m os t elem entary com m unity goals s et forth in the
Pream ble to the [Rom e] treaty'. The teleological m ethod repres ents an effort to keep current policies cons is tent
with s tated goals , and it is analogous to the effort in GATT to keep contracting party trade practices cons is tent
with s tated rules . In both cas es legal concerns and procedures are an independent force for further
In large part the WTO was an exercis e in cons olidation. In the context of a trade negotiation that created a nearrevolutionary expans ion of international trade rules , the form ation of the WTO was a deeply cons ervative act
needed to ens ure that the benefits of the new rules would not be los t. The WTO was all about ins titutional
s tructure and dis pute s ettlem ent: thes e are the concerns of cons ervatives and not revolutionaries , which is why
lawyers and legalis ts took the lead on thes e is s ues . The WTO codified the GATT ins titutional practice that had
developed by cus tom over three decades , and it incorporated a new dis pute s ettlem ent s ys tem that was neces s ary to keep both old and new rules from becom ing a s ham . Both the international s tructure and the
dis pute s ettlem ent s ys tem were neces s ary to pres erve and enhance the integrity of the m ultilateral trade
regim e that had been built increm entally from the 1940s to the 1990s .
24. What could be the clos es t reas on why the WTO was not form ed in the 1970s ?
a . Th e US g o ve rn me n t d id n o t like it.
b .Imp o rta n t p la ye rs d id n o t fin d it in
th e ir b e s t in te re s t to d o s o .
c. La w ye rs d id n o t w o rk fo r th e d is p u te
s e ttle me n t s ys te m.
d . Th e To kyo Ro u n d n e g o tia tio n w a s a n
a tte mp t a t co n s titu tio n a l re fo rm.
e .No t Atte mp te d
25. The m os t likely reas on for the acceptance of the WTO package by nations was that
a . it h a d th e me a n s to p re ve n t th e US
fro m ta kin g u n ila te ra l me a s u re s .
b . th e y re co g n iz e d th e n e e d...
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- Summer '14