Richard H. Steinberg (2004), 'Judicial Lawmaking at the WTO: Discursive, Constitutional, and Political Constraints', The American Journal of International Law, 98, pp. 247-75

A new debate over legalized WTO dispute settlement focuses on alleged judicial activism. Several prominent commentators/lawyers,s leaders of nongovernmental organizations

• Professor of Law, UCLA School of Law. I thank Claude Barfield,John Barton, A. Jane Bradley, Marc Busch, Kenneth Freiberg, Stephen Gardbaum,Judith Goldstein,Andrew Guzman, RobertHowse, Timothy Josling, Robert Z. Lawrence, Kal Raustiala, Timothy Reif, Eric Reinhardt, Ronald Rogowski, and Andrew Stoler for their suggestions. I also thank participants in the American Bar Association/Georgetown University Law Center 2002 Symposinm on International Trade Law, and the Boalt Hall International LawWorkshop, where earlier versions of these ideas were presented.