- List of Figures
- List of Tables
- List of Abbreviations
- About the Contributors
- The Case For a Multilateral Trade Organization
- The Inconsistent Quartet: Free Trade Versus Competing Goals
- Trade Liberalization And Domestic Politics
- The International Trade Organization
- The Expanding Mandate Of The Gatt: The First Seven Rounds
- The Uruguay Round Negotiations and the Creation of the WTO
- The Role of the Director-General and the Secretariat
- Defining the Borders of the WTO Agenda
- Collective Agency, Systemic Consequences: Bargaining Coalitions in the WTO
- The Influence of the EU in the World Trade System
- The Role of the United States: A Multilevel Explanation For Decreased Support Over Time
- The Role of the Brics in the WTO: System-Supporters or Change Agents in Multilateral Trade?
- Least-Developed Countries In The WTO: Growing Voice
- Awkward Partners: NGOs And Social Movements At The WTO
- What Happened To The Influence Of Business? Corporations and Organized Labour In The WTO
- Trade In Manufactures And Agricultural Products: The Dangerous Link?
- Trade In Services In The WTO: From Marrakesh (1994), To Doha (2001), to… (?)
- Trade-Related Intellectual Property Rights
- Flexibilities, Rules, And Trade Remedies In The Gatt/WTO System
- Regulatory Measures
- The Trade Policy Review Mechanism
- Dispute Settlement Mechanism—Analysis And Problems
- The Dispute Settlement Mechanism At The WTO: The Appellate Body—Assessment And Problems
- WTO Judicial Interpretation
- The Dispute Settlement Mechanism: Ensuring Compliance?
- Persistent Deadlock In Multilateral Trade Negotiations: The Case Of Doha
- The Role Of Domestic Courts In The Implementation Of WTO Law: The Political Economy Of Separation Of Powers And Checks And Balances In International Trade Regulation
- Preferential Trading Arrangements
- New Trade Issues In Food, Agriculture, And Natural Resources
- Fairness In The WTO Trading System
- Labour Standards And Human Rights
- Trade And The Environment
- Proposals For WTO Reform: A Synthesis And Assessment
- The WTO And Institutional (In)Coherence In Global Economic Governance
Abstract and Keywords
Judicial interpretation implicates a range of interacting social decision-making processes, including domestic, regional, and international political, administrative, judicial, and market processes – referred to collectively as institutions. In the case of the World Trade Organization (WTO), interpretive choices implicate the interaction of institutions for domestic, regional, and global governance. This article, which looks at the consequences of institutional choice in treaty interpretation by referring to examples from WTO case law, assesses interpretive decisions by examining how they allocate authority between different social decision-making processes. Focusing on the welfare and participatory implications of these choices, it offers two important conclusions, the first of which is that these choices impact upon social decision-making in terms of transparency, accountability, and legitimacy. Second, the choice of institutional alternatives – such as the incorporation of international standards, judicial balancing, delegation to markets, national deference, and process-based review – can determine which social decision-making process decides a particular policy issue, thereby affecting the institutional mediation of individual preferences.
Gregory Shaffer is Melvin C. Steen Professor of Law at the University of Minnesota Law School. He has written extensively on international trade law, transatlantic relations, transnational law and legal process, hard and soft law in global governance, empirical work in international law, and legal realism.
Joel Trachtman is Professor of International Law at The Fletcher School of Law and Diplomacy, Tufts University.
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