| This thesis focuses on the interaction of two categories of non-state actors, private sector corporate actors and non-governmental organizations, with states in the context of the World Trade Organization (WTO) through a lens of public international law. It builds on the premise that the notion of states as the only subjects of international law is not adequate for a modern system of global governance, as it does not reflect the realities of fast-paced globalization and increased co-operation in a world where the boundaries of the private and public are increasingly blurred. It does not necessarily provide solutions for participation of non-state actors in the WTO, but demonstrates that developments in international relations warrant more space for participation of non-state actors, and that the current system of the WTO fails to provide sufficient space for participation.After setting the framework for the study, the thesis outlines modes of participation of non-state actors in the creation and modification of WTO law as well as in its enforcement and adjudication. These are then juxtaposed with participation in other areas of international law in order to draw lessons for a new framework for participation of non-state actors in the WTO. Based on this comparison as well as on an analysis of several developments in international relations, it is argued that a new approach to the participation of non-state actors is justified. Elements of a new approach are then proposed in order to provide an appropriate framework for participation, which goes beyond a formalistic approach to international law by highlighting the importance of the legitimacy, the practices of actors, their identities and their interaction in an international legal system. Finally, a number of proposals are made to enhance formal channels of participation.The thesis argues that, for both historical and pragmatic reasons, developments in the areas of GATT and international trade law occurred outside their natural course, leading to the myth of a "self-contained" trade regime not part of public international law. The WTO, unlike its predecessor, enjoys a proper institutional framework and mandate one can no longer use the excuse of institutional handicap for excluding it from the system of global governance. Liberalization of international trade has far-reaching consequences which are not limited to the trade arena and the WTO, its member states, and scholars of international trade law have to assume their role in the broader context of an international legal order. Non-state actors' formal participation can contribute to striking a balance between different forces and interests at work in the area of trade liberalization and its interplay with other non-trade issues. |
