The role of law in the relationship among international law regimes: an analysis of the World Trade Organization (WTO)

• Grant number: 08/04045-0
• Support Opportunities: Scholarships in Brazil - Doctorate
• Start date: November 01, 2010
• End date: October 31, 2011
• Field of knowledge: Applied Social Sciences - Law - Special Rights
• Principal Investigator: Alberto do Amaral Junior
• Grantee: Elaini Cristina Gonzaga da Silva
• Host Institution: Faculdade de Direito (FD). Universidade de São Paulo (USP). São Paulo , SP, Brazil
• Associated research grant: 08/53030-6 - Morals, politics and law: autonomy and critical theory, AP.TEM

Abstract

The present thesis approachs how Westiphalian institutional arrangements work for the settlement of problems ensuing the rising of a pluralist system. The hypothesis to be verified is that conflicts among international law regimes will settled without prevalence of the rationality of a regime over the other's in those cases where (1) there was little institutional asymetry between conflicting regimes and (2) the conflict was object of public deliberation involving State and non state actors widely (private sector, academia and civil society organizations). Against this backdrop, I argue that the study of international regimes interaction shall necessarily aim at "legitimate" answers. Firstly, legitimacy as the non empire of a specific regime rationality; and secondly legitimacy as an objective for each international regime comprehending the elements of my hypotheses (strengthening of institutional features and public sphere).

Academic Publications

(References retrieved automatically from State of São Paulo Research Institutions)

SILVA, Elaini Cristina Gonzaga da. The expansion of international law: a matter of values. 2011. Doctoral Thesis - Universidade de São Paulo (USP). Faculdade de Direito (FD/SBD) São Paulo.