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Criticism is often made that the WTO Agreement has the potential to undermine human rights and accentuates the disruptive effects of globalization. Nevertheless, justice in sovereign terms is different from justice in human terms. This difference is perhaps best illustrated by means of a theory. This book puts forward such a theory. The theory posits that law does justice in order to sustain the good of the community. Justice in relation to the good can be thought about either according to the good’s distribution ex ante or its correction ex post after injury. The metric of distributive justice is equality, whereas the metric of corrective justice is fairness, or what is appropriate. This dualism is exhibited in thinking about WTO arrangements and is replicated in WTO law. In one mode WTO law is about the attainment of equality by means of obligations. In a second mode WTO law is about the attainment of fairness by means of rights. The two modes of law interact over time. Ultimately, they depend upon each other to generate a third, overarching structure in the form of interdependent obligations and rights manifested in a sui generis legal system.
Since 1995 there has been intense debate about whether the WTO Agreement is just. Many observers point to the association of the treaty with intensive interdependence and the disruptive effects of globalization to assert that it is unjust. Nevertheless, justice in sovereign terms is different from justice in human terms. This book puts forward a theory of WTO law to explain the difference and its implications for the international trading system. It details how economic interdependence gives rise to an interdependent view of the relationship between different forms of justice and to interdependent obligations in WTO law. It also suggests how the WTO dispute settlement system might have a residual value as a locus for transformative outcomes despite contemporary concerns about the system's political acceptability. Taken together, such insights may assist in identifying elements of a general theory of law.
The second step in the DOC Process is Organize. The Organize step is the transition step between the divergent and convergent thinking steps. The Organize step has characteristics of both the divergent and convergent steps, but is much more than solely a transition step. This is the step where the information generated in the Diverge step is synthesized. This step requires holistic and integrative thinking. It is a crucial step in either refining a problem or a solution. This step is also key to creating personas from the abundance of needs, wants and desires that are uncovered during open-ended interviews.
The Organize step has three components–categorize, connect and cause. Information generated via the divergent-thinking activities are first categorized. In the connect phase, idea-fragments that were previously categorized together are combined. Connections between categories or natural sequences are also identified. The connect phase is a critical component in persona development. The final phase of the Organize step is cause. In this phase, causal relationship between the data categories are uncovered.
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