* Postdoctoral Fellow, York University, Ontario. The author gratefully acknowledges the many individuals who met her to discuss the case and its implications. She also would like to thank David R. Cameron, Dennis DesRosiers, Ran Hirschl, John H. Jackson, Maura Jeffords, Bruno Julien, C. Christopher Parlin, David Schneiderman, Debra Steger, Michael Trebilcock, Robert C. Vipond, and the Fellows at the Institute of International Economic Law at Georgetown University Law Centre, 2001-3, who provided input and assistance with this project in varying capacities.