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The theory of law put forward in this book is founded on the idea of interdependence. Interdependence generates goods taking the form of a community. In law a community involves common legal obligations pertaining to goods. The WTO Agreement establishes a “club good.” Its essence is the equality of opportunity for economic operators in members’ markets. These legal arrangements have given rise to enormous networks of global supply and value chains. At the same time, however, they have generated unease at de-industrialization and exposed critical vulnerabilities. Whereas at the time of the WTO’s founding in 1995 the unconditional interdependence called for in the WTO Agreement might have been regarded as beneficial, today it is seen as less so. Consequently, the club good of the organization appears to be splintering into individual goods composed of specific trading relationships. Consequently, support for the organization and its dispute settlement system has ebbed. Nevertheless, there appears to be recognition of residual worth in the WTO Agreement and its dispute settlement system, which may continue to serve as a locus for transformative solutions.
Throughout the years, various legal concepts have emerged that recognize that more than two states (in the form of one duty-bearer and one right-holder) may be involved when it comes to the performance of an international obligation, and that this can have relevant implications for treaty and responsibility relations. In this respect one may think of concepts such as obligations erga omnes, interdependent obligations and jus cogens. This chapter explores and analyses the way in which the international law of obligations, through these concepts, has addressed legal relations that involve more than simply one duty-bearer and one right-holder. By doing so, the chapter aims to illustrate the limits but also the B1:L9
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