How did the phenomenon of amici curiae submissions arise in WTO and NAFTA dispute settlement? The rules did not expressly contemplate submissions by non-state actors or participation by them, but the Appellate Body and panels developed case-by-case authority for admitting them. Amici curiae...

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...

The WTO law of remedies for violation appears incoherent. States that fail to comply with their obligations are subject to WTO-authorized retaliation. First, this retaliation takes the inefficient form of blocked trade by the complaining state. This remedy is unlikely to be useful to developing...

Constitutions have many dimensions. These dimensions include at least the following: - an economic constitution in the sense of a set of rules for exchange of value and authority, - an interfunctional constitution that allows for the integration of various social values, - a political...

Decision making in the WTO has become ever more difficult as the number of members increases and the range of issues tackled broadens. This paper looks at reasons why aspects of decision-making might be changed and discusses a number of potential pitfalls that change would have to avoid, such as...