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Megan Pickup | Challenging the WTO and TRIPS
“sovereign equality”, the WTO presents itself as a democratic institution
given that one member receives one vote and decisions are made on the basis
of consensus 15 . Indeed, the creation of the DSM in particular has equalized
the relative influence of members given that inter-state relations are no
longer settled through diplomatic relations, where asymmetrical power
relations decided the outcome, but rather through judicial proceedings where
independent third parties adjudicate 16 . However, this apparent equalization
simultaneously strengthens and weakens the relative influence of members as
they are equally, but nevertheless subjected to, the now inscribed neoliberal
logic of the WTO 17 . As Chorev writes, this suggests a “paradox that, at the
same time the judicialization of inter-state relations introduced a potential for
equality to the international process, the institutionalization of the WTO
turned this potential into an equalized ability to impose trade neo-liberalizing
rules on others and an equalized difficulty to defend protectionist measures
at home” 18
.
It is the latter aspect of this paradox that scholars like Ilan Kapoor
invoke when more vehemently problematizing the democratic potential of
such institutions. Ilan Kapoor uses Jurgen Habermas’ concept of
“deliberative democracy” – as a rules-based deliberative process that
underscores ideas of justice and legitimacy – to evaluate the performance of
15 Kapoor, Ilan. 2004. “Deliberative Democracy and the WTO”. Review of International Political
Economy 11 (3): 522-541.
16 Chorev, 329.
17 Chorev, 336.
18 340.
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