Sovereignty, Compliance, and the World Trade Organization: Lessons from the History of Supreme Court Review
Michigan Journal of International Law, Vol. 20, 1999
Posted: 10 Jan 2000
This article explores an episode of American constitutional history and discusses its implications for today's debate on dispute settlement in the World Trade Organization. Just as today's Americans debate the authority of the WTO to declare national laws "invalid" under provisions of international trade treaties, nineteenth-century Americans debated the authority of the Supreme Court to declare state laws invalid under provisions of the United States Constitution. I argue that the nineteenth-century history suggests that today's debate exaggerates the likely impact that WTO rulings will have on member states.
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