A Post-Montesquieu Analysis of the WTO

Steve Charnovitz

Working Papers from The George Washington University, Institute for International Economic Policy

Abstract: In writing The Spirit of Laws in 1748, baron de la Brde et de Montesquieu does not foresee the establishment of the World Trade Organization (WTO) (Montesquieu 1748). Nevertheless, one can employ Montesquieus methodology to analyse the functions and dysfunctions of the WTO because his cogent framework, although written for the national level, is translatable to the international level of government. Although Montesquieu has been discussed tangentially in WTO scholarship, this chapter places him at the centreof an analysis of how the WTO can be improved.This chapter is titled post-Montesquieu because it will update Montesquieus framework in a few important respects. Montesquieu did not anticipate the ubiquity of democracy (much of his book discusses monarchies), the political importance of public participation, and the rise of international organisations. More telling, though, is how little of The Spirit of Laws needs to be updated, because of the presence of Montesquieus spirit in modern political institutions an economic development. Although many scholars anthropomorphise the WTO, I have come to the view that it (like any international organisation) ought to be viewed primarily as a community. The actors in the WTO community are the Members represented by ambassadors, the Director-General (DG), the Secretariat, the private enterprises that trade, and civil society. Of course, the WTO still lags behind other major international organisations in providing for ongoing participation by civil society (see Ripinksy and van den Bossche 2007: Chapters 1112).This chapter proceeds in three sections: Section I summarises the ideas from The Spirit of Laws that are most relevant to the WTO, and explains where Montesquieus analysis needs adaptation. The second section uses Montesquieu to benchmark the WTO and point out areas for improvement. The last part of this section uses the post-Montesquieu framework to discuss the relationship between the WTO, business enterprises, civic society, and Member governments. The third section provides a conclusion, kept brief due to space limitations.

Pages: 32 pages
Date: 2010-03
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