Title: Lessons for the WTO from Constitutional Developments in the European Union: Challenges of Legitimacy and the Conceptualization of Authority
Abstract: The World Trade Organization (WTO) finds itself at the centre of the
globalization debate. The WTO's authority, particularly in relation to its
dispute settlement provisions, has been the subject of criticism. The
legitimacy of WTO decision-making is often called into question. Claims
of illegitimacy of international decision-making and rules-based systems
such as the WTO threaten the authority of international rule making, and
therefore its effectiveness. Effectiveness is contingent upon acceptance of
proper authority, compliance and enforcement. The legitimacy discourse
is therefore central to the imperative of creating an effective international
organization. This article is directed towards advancing the debate on
whether damaging claims of illegitimacy are capable of being neutralized
by recourse to relevant European Union (ED) experience. The article
explores from comparative perspectives the degree to which the concepts
of 'pooled sovereignty', 'subsidiarity', 'supremacy' and 'direct effect' with
which the ED lawyer is especially familiar - might pwyide useful
points of reference in a wider debate about understanding and dealing
with some of the dilemmas and criticisms sun-olluding the functions and
activities of the WTO.
Publication Year: 2007
Publication Date: 2007-01-01
Language: en
Type: article
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