Shaffer: A Tragedy in the Making?: The Decline of Law and the Return of Power in International Trade Relations

Gregory Shaffer (Univ. of California, Irvine – Law) has posted A Tragedy in the Making?: The Decline of Law and the Return of Power in International Trade Relations (Yale Journal of International Law, forthcoming). Here's the abstract: It is the end of an era—potentially the close of a semblance of the rule of law in international trade relations. This article assesses the U.S. challenge to the Appellate Body and binding dispute settlement system of the World Trade Organization. Part I examines the decline of law and return of power in international trade relations. Part II explains the rationales behind the U.S. challenge to the WTO judiciary in terms of domestic politics, the rise of China, and concerns over a fundamental imbalance between WTO political and judicial processes. Part III analyzes the potential and most likely future of WTO dispute settlement—either (1) the replacement of the Appellate Body with member agreement to binding dispute settlement,…

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