Prospects for Constitutionalization of the WTO

The WTO is regarded as one of the few successes of (proto-) constitutionalism in response to globalization. However, the rapid deepening of economic integration that has occurred in recent decades has meant that the relevant civil society is less obviously well-represented by nation-state representatives, while the expansion in WTO membership and its coverage implies a constitutional claim that neither the WTO process nor the resulting structure supports. This paper characterizes the challenges confronting the WTO through the lens of constitutionalization. It discusses the link between globalization and interest in the WTO; what constitutionalization might mean for the WTO; and considers two models of constitutionalization in the WTO: an “English” model of court made law without a discrete constitutional moment; and an “American” model of a constitutional convention.