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Wittgenstein and the panel's and appellate body's activism in United States - Antidumping Act of 1916 : bases for rethinking the conventional wisdom of competition issues under the WTO

This thesis is aimed at challenging the conventional wisdom regarding trade and competition under the World Trade Organization, namely, that the WTO does not deal with competition matters. This thesis shows that this wisdom cannot be upheld when viewed in conjunction with Karl Wittgenstein's theories of language and with the panel and Appellate Body's decisions in United States-Anti-Dumping Act of 1916. / These decisions confirm the application of such theories to the WTO and indicate, first, that the WTO limits concerning trade and competition are not as clearly defined as followers of the conventional wisdom suggest, and, second, that the Appellate Body and future panels may be willing to incorporate other competition issues within the realm of the WTO, if they are properly presented before it by Member States. / A description of the existing state of the art concerning competition and international trade is presented.

Identiferoai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.32792
Date January 2001
CreatorsAlvarez, Alberto.
Contributorsde Mestral, Armand (advisor)
PublisherMcGill University
Source SetsLibrary and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada
LanguageEnglish
Detected LanguageEnglish
TypeElectronic Thesis or Dissertation
Formatapplication/pdf
CoverageMaster of Laws (Institute of Comparative Law.)
RightsAll items in eScholarship@McGill are protected by copyright with all rights reserved unless otherwise indicated.
Relationalephsysno: 001863558, proquestno: MQ79119, Theses scanned by UMI/ProQuest.

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