Edited by Anthony F. Lang and Antje Wiener
Chapter 30: Global commercial constitutionalization: the World Trade Organization
The World Trade Organization’s (WTO’s) commercial constitution contains a detailed set of rules limiting the ability of sub-units to restrict trade and even to promote trade. In addition, this commercial constitution has special rules for decision-making, as well as extraordinary capacity for inter-state adjudication. However, its capacity for inter-state adjudication has important limits, including very limited capacity to apply non-WTO international law, such as environmental, labour, or human rights law. This chapter describes the components of the global commercial constitution represented by the WTO, and suggest the reasons why they exist.
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