See you in Geneva? Democracy, the Rule of Law and the WTO (Working Paper 16)

This paper is a constructivist attempt to understand a global political space where states as actors (the traditional domain of international relations theory and international law) are joined by international organizations, firms, NGOs, and others. Today we know that many supposedly private or international orders (meaning sources of order other than the central institutions of the territorial state) are engaged in the regulation of large domains of collective life in a world where the sources of power are multiple, sovereignties are overlapping, and anarchy is meaningless. The paper begins with an attempt, discussed in the first section, to sort out what the rule of law might mean in the context of the WTO, where we soon see that it can only be understood by also considering the meaning of Administrative Law. Much of the debate about rule of law depends on positivist and centralist theories of “law,” whose inadequacy for my purposes leads, in the second section, to a discussion of legal pluralism and implicit law in legal theory. These approaches offer an alternative theoretical framework that respects the role of the state while not seeing it as the only source of normativity. The third section looks directly at WTO law and dispute settlement. I tr y to show that the sources and interpretations of law in the WTO and the trading system cannot be reduced to the Dispute Settlement Body. I conclude in the fourth section with some suggestions on how a WTO rule of law could be understood as democratic.

RE-MEANING THE SACRED: COLONIAL DAMAGE AND INDIGENOUS COSMOLOGIES

Indigenous ways of knowing are dependent on an inheriting process both amongst humans and between human and non-human being. These multi-relationships cross material and immaterial borders as sites of knowledge production. This manuscript will interrogate how three particular Indigenous cosmological relationships have been purposefully re-meaninged by colonial institutions: 1) How Anishinaabe and Haudenosaunee origin stories have been abstracted into a distinctive epistemological versus ontological site; 2) How Anishnaabe spirit worlds are impacted by colonial relations, and how state institutions benefit from the re-meaning of these worlds; and 3) How Indigenous sovereignty in Canada is imagined from a statist perspective, and how these polices have re-meaninged the sacred relationships within a cosmological understanding of Haudenosaunee governance. The re-meaning of sacredly-held Indigenous relationships is both accelerated by, and contributes to, a practice of reducing upon Indigenous and non-human societies. Throughout expressions of colonialism on Indigenous territories (the academy, the state, Indian policy), Indigenous knowledge is consistently either dismissed or appropriated. This reduction of Indigenous knowledge continues to bolster functions of the state as related to the elimination of the “Indian Problem” via reducing the “Indian” to an adaptive subject.