Topic 1

The successful completion of the Uruguay Round of international trade negotiations in 1994 and the creation of the World Trade Organization (WTO) on January 1, 1995 marks an unprecedented expansion of the international law relating to international trade. The rules of international economic law now extend into many new substantive areas, such as services, intellectual property, and investment. In addition, the revamped binding international dispute resolution process administered by the WTO will create a lively new jurisprudence in this field.

Nearly always, the first question asked about international law is, How can it be law if it cannot be enforced? To experienced international lawyers it is an old and rather tiresome question, not only because it is asked so often, but also because of the crucial assumption it contains. The assumption, of course, is that international law cannot be enforced.