The case of the World Trade Organization

• Published in: International affairs (London) Vol. 84; no. 3; pp. 437 - 454
• Main Author: JACKSON, JOHN H.
• Format: Journal Article
• Language: English
• Published: Oxford, UK Blackwell Publishing Ltd 01.05.2008; Blackwell Publishing, Ltd; Oxford University Press
• Subjects: Adjudicators; Conflict Resolution; Deference; Economic history; GATT; Globalization; Government; Institutions; International agreements; International disputes; International Economic Organizations; International governance; International law; International political economy; International relations; International trade; International trade organizations; Jurisprudence; Legalization; Nation states; Political leadership; Political power; Power; Regulation; Sovereignty; State power; Trade legislation; Treaties; World economy; World problems; World Trade Organization
• ISSN: 0020-5850; 1468-2346
• DOI: 10.1111/j.1468-2346.2008.00716.x

This article explores the relationship between power and rules within the context of international relations, utilizing as a case-study what is arguably the most powerful international juridical institution in the world today, the World Trade Organization (WTO). The author draws upon a number of his previous works on the subject of the WTO and its predecessor, the GATT, wending through such topics as: the way that political and diplomatic leaders improvized and filled in the gaps of international institutions when the original idea for an International Trade Organization (ITO) failed; the remarkably elaborate development of the particularly deep and rich WTO Dispute Settlement (DS) jurisprudence (over 60,000 pages); and the constant tension between the role of nation-state power and the power allocated to international institutions, apparently necessitated by the huge impact of 'globalization' and interdependency in world affairs (especially economic) today. Various specific issues and cases illustrate these tensions and allocations, including treaty interpretation techniques, the degree of deference towards the members' government actions, the arguments about the appropriate role of the 'adjudicators', and the delicately sensitive approach of the DS system towards clashes of policy necessitating 'balance'. Throughout, particular emphasis is laid upon the 'rule oriented' ('more legalization') approach of the WTO DS jurisprudence, both in reflection on the historical and current developments of that juridical system-from 'power oriented' to 'rule oriented'-and also in the important roles regarding tensions between 'sovereignty' concepts and international rule needs.