ABSTRACT

This chapter examines the concept of legal institutionalism as embodied in the World Trade Organization (WTO) to assess the concept's significance for the international enforcement of trade and non-trade obligations. It focuses on the first issue more than the second, and examines the area of governance (international trade) in order to evaluate the form of governance (legal institutionalism) and assess its benefits and problems for the enforcement of international obligations. The chapter highlights the strengths and limitations with this form of governance in order to better appreciate when it can be used effectively as a valuable alternative to military or economic power. It focuses on the WTO's dispute settlement system rather than the entire institution. There are several reasons why the epistemic communities related to human rights, labour and the environment are attracted to the form of legal institutionalism displayed in the WTO dispute settlement system.