The Softwood Lumber dispute between the U.S. and Canada is one of the longest and most expensive trade disputes in history. However, the Softwood Lumber dispute has been, if not misunderstood, at least underappreciated. To date, the dispute has attracted attention because of the substantial...

Along with discussions of global governance, global administrative law, and fragmentation, international legal scholars and other social scientists have increasingly engaged in debates over the causes and effects of global constitutionalization. These debates often suffer from imprecise and...

How can developing states' participation at the WTO be accurately measured? What are the benefits and drawbacks of activity? Is inactivity by developing states a rational strategy? This short essay questions conventional wisdom regarding the level of developing state participation at the WTO and...

Trade scholars are preoccupied with the debate over constitutionalism at the WTO. Much of this literature presupposes that the trade regime is properly understood as a constitutional entity. However, neither WTO texts nor practice supports this understanding. The striking disjunction between...

Should the trade regime provide differential treatment to developing states? Or are uniform, nondiscriminatory rules more appropriate? Twenty years ago, in Developing Countries in the GATT System, Robert Hudec used political economy arguments to claim that preferential trade policies harmed...