The World Trade Order: Global Governance by Judiciary?
The World Trade Organization (WTO) Appellate Body has established itself as an authoritative court through which WTO members settle disputes. It has done so in parallel to contested multilateral negotiations (the Doha Round) that ultimately were unsuccessful and a deteriorating environment for efforts towards deepening integration. In his article in this volume, Robert Howse characterizes the consequence of this disconnect as the emergence of ‘global governance by judiciary’. In this response, I discuss some elements of the argument that the Appellate Body positioned itself against the bias in the trade community towards neo-liberalism to enhance its legitimacy, consider the role of the Appellate Body in global trade governance, and reflect on emerging tensions within the WTO on the operation of the Appellate Body.