Judicial lawmaking at the WTO: Discursive, constitutional, and political constraints

Judicial lawmaking in the WTO is marked by elastic interpretive discourse and constitutional rules that do not serve as a meaningful restraint. Politics, however, constrains both discursive and constitutional latitude, which should alleviate, concerns that WTO judicial lawmaking is so expansive as to undermine the sovereignty of powerful states, create a serious democratic deficit for their citizens, or catalyze withdrawal of their support for the organization.