This research will build a normative framework for creation of new rules on unfair trade between divergent economies. The 1st chapter defines main ideas that are the concern of this thesis and justifies the need for a new normative conceptualisation of state-market relations and the discourse on unfairness. The 2nd chapter identifies state-market battlegrounds in WTO litigation and concludes that the WTO understanding of the state's role in the market is inconsistent and lacks any normative basis.