This article examines the impact of the World Trade Organization (WTO) on domestic trade policies and practices. It shows that protectionist measures, including those practiced by the United States, have been effectively challenged, and consequently restricted, due to the WTO strengthened dispute settlement procedures. I show that the new procedures affected the substantive policy outcomes by changing the political influence of competing actors. Specifically, I identify four transformations affecting the political influence of participants: the re-scaling of political authority, the judicialization (...) of inter-state relations, the institutionalization of the international organization, and the structural internationalization of the state. Based on this case, the article offers a view of globalization as an institutional project. This view emphasizes the political dimension of the process of globalization; it suggests that this project was facilitated by transforming the institutional arrangements in place; and it identifies the contradictions inherent in it both to U.S. hegemony and to the globalization project itself. (shrink)

Much has been written about the global convergence on constitutional supremacy. Yet, a closer look suggests that while constitutional convergence trends are undoubtedly extensive and readily visible, expressions of constitutional resistance or defiance may in fact be regaining ground worldwide. This may point to a paradox embedded in global constitutionalism: the more expansive constitutional convergence trends are, the greater the likelihood of dissent and resistance are. In this article, I chart the contours of three aversive responses to constitutional convergence: neo-secessionism, (...) nullification, and deference to local authority, and draw on an array of comparative examples to illustrate the distinct logic and characteristics of each of these responses. Taken together, these increasingly common expressions of defiance provide ample evidence that global constitutionalism is not the only game in town. Neo-secessionism, nullification, and other forms of constitutional dissent and “opting out” may thus be viewed as a reaction against the centralization of authority and the decline of the local in an increasingly—constitutionally and otherwise—universalized reality. (shrink)

ABSTRACTWhat is better for a country, to be big or to be small? And should sovereign statehood be centralised or distributed among countries of common cultural and institutional lineage? Debates on...