Journal of International Economic Law Advance Access originally published online on November 21, 2005
Journal of International Economic Law 2005 8(4):921-975; doi:10.1093/jiel/jgi051
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Planes, Trains and Automobiles: The Impact of the WTO ‘Court’ on Canada in its First Ten Years
* Jacqueline D. Krikorian is an Assistant Professor in the Joseph E. Atkinson Faculty of Liberal and Professional Studies at York University, Toronto, Ontario. Email: jdk{at}yorku.ca.
Observers interested in the nature and scope of judicial policy-making traditionally focused on the extent to which domestic courts shaped national policy arrangements. With the emergence of more robust international tribunals, however, many are raising questions about the degree to which foreign judges are influencing domestic legal regimes. This project addresses one corner of this debate by analysing the impact of the WTO ‘court’ on Canada. The legal challenges have provoked considerable controversy as the country has lost, either in whole or in part, each case brought against it. Moreover, there has been widespread public concern about these disputes as many have involved significant social issues. Yet despite the country’s successive defeats before the WTO ‘court’, the policy impact of the trade tribunal has been relatively modest. Contrary to suggestions, the WTO dispute settlement mechanism has not superimposed some form of neo-liberal order on the Canadian state via its judicial decision-making process.