15201. Why Constitutionalism Now? Text, Context and the Historical Contingency of Ideas
- Author:
- Jeffrey L. Dunoff
- Publication Date:
- 12-2005
- Content Type:
- Journal Article
- Journal:
- The Journal of International Law and International Relations
- Institution:
- Munk School of Global Affairs at the University of Toronto
- Abstract:
- I am pleased to contribute to the first issue of the Journal of International Law International Relations. In this short essay, I wish to comment upon the current debate over constitutionalism at the World Trade Organization (WTO), and use this debate to reflect on the interdisciplinary nature of trade law scholarship and some of the current challenges facing international law. To do so, I will review the three leading accounts of WTO constitutionalism found in the legal literature. I will then suggest that these otherwise divergent views of constitutionalism share an impulse to channel or minimize world trade politics. Paradoxically, however, the call for constitutionalism has sparked precisely the sort of politics that it seeks to pre-empt. Hence, one part of this article will be devoted to illustrating the self-defeating nature of the turn to constitutionalism.