The Constitutionalism Of WTO

The connotation of "constitutionalism" refers not only the of power restrictionbetween government institutions, but also the maintenance of private rights. In the contextof international trend of constitutionalism, the WTO, as the most dynamic and creativeinternational organization is most likely to achieve constitutionalism. Hence, the theory ofWTO constitutionalism becomes the most significant starting point. This paper using thecomparative analysis method, through comparing WTO dispute settlement body with theconstitutional process dominated by the European court, reveals that the WTO disputesettlement body merely has limited powers and, therefore, no clear legal arrangement ofconstitutionalism can be found in the WTO organization, its related agreements, anddocuments. WTO dispute settlement practices do not specify that its agreements havedirect effect and supremacy, and its interpretation of DSB in the process of disputesettlements does not have the support of WTO members either. However, as long as itsdispute settlement system can be interpreted and executed, it is possible that the WTOorganization may realize constitutionalism. Whether the Appellate Body can be theconstitutional court is the key to WTO constitutionalism. The practices of WTO disputesettlement indicate that the panel and AB did not support the idea of making AB theconstitutional court, instead, adopted the attitude of judicial economy in dealing with theconstitutional problems. Therefore, WTO constitutionalism should take the path ofbuilding fair DSM, gaining the respect of WTO members (especially developing countries),strengthening the democracy of the WTO, and delegation of the powers to WTO by themember states. This is the most realistic path.