Should the trade regime provide differential treatment to developing states? Or are uniform, nondiscriminatory rules more appropriate? Twenty years ago, in Developing Countries in the GATT System, Robert Hudec used political economy arguments to claim that preferential trade policies harmed...

Trade scholars are preoccupied with the debate over constitutionalism at the WTO. Much of this literature presupposes that the trade regime is properly understood as a constitutional entity. However, neither WTO texts nor practice supports this understanding. The striking disjunction between...