63 Harv. L. Rev. 78 (1949-1950)
The Judicial Review Problem in the International Trade Organization

handle is hein.journals/hlr63 and id is 118 raw text is: HARVARD LAW REVIEW

THE JUDICIAL REVIEW PROBLEM IN THE
INTERNATIONAL TRADE ORGANIZATION
SEYmoUR J. RUBIN *
p HIS article has a two-fold purpose. First, it attempts to
trace the history of a part of an important international
agreement and to analyze the positions, counter-positions, argu-
ments, crises, and compromises which lie behind these clauses. It
is hoped that this historical r6sum6 will shed some light not only
upon the particular judicial review provisions studied, but also
more generally upon the process of agreement-making. Criticism
of an agreement is often written as if it would have been possible
for the critic to have written into the agreement the clear and
cogent language which he proposes as a substitute for the ambig-
uous clause actually found there. Such critics misunderstand
the give-and-take of an international negotiation,, which has all
the complexities of Congressional negotiations on controversial
legislation and some of its own. To the difficulties of the subject
matter, and of explaining one's concessions to his constituents,
the international conference adds its own kind of difference of
personality and of temperament. The language barrier is an im-
portant one (even with simultaneous translation equipment),
particularly in its effect on the niceties of drafting.
The clauses in the ITO Charter I dealing with the review of
the Organization's decisions by the International Court of Justice
make a good subject for a study of the process of agreement-
* Member of the Illinois and District of Columbia Bars. B.A., University of
Michigan, 1935; LL.B., Harvard, 1938, LL.M., 1939. Although the author was
Assistant Legal Adviser for Economic Affairs, Department of State, during the
negotiation of the Havana Charter for the International Trade Organization, the
views expressed herein are his own and do not necessarily represent the views of the
Department of State.
The Havana Charter for the International Trade Organization will be referred
to herein as the Havana Charter or the Charter; the International Trade Organiza-
tion, as the ITO or the Organization. The term member means a State which is
a member of the ITO. A discussion of the substantive provisions of the Charter
would be beyond the scope of this article; for such a discussion the reader is re-
ferred to Bronz, The International Trade Organization Charter, 62 HARv. L. REv.
xo89 (1949).

[Vol. 63

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