Traditional realist political science considers traditional international law "epiphenomenal," meaning that the real action is in hard power politics, and the law does not affect behavior. Recent experience at the WTO suggests that international law can affect behavior.
The U.S. Congress has recently taken action to comply with international law commitments, in repealing the Byrd Amendment (albeit with a transition period) and eliminating certain cotton subsidies. Both were found illegal in WTO panel and appellate body reports.
From the USTR press release regarding cotton:
The Deficit Reduction Omnibus Reconciliation Act of 2005, S. 1932, repeals the Step 2 program effective August 1, 2006 and implements recommendations and rulings of the WTO in the dispute brought by Brazil against certain U.S. agricultural programs, principally related to cotton. Repeal of the Step 2 program terminates export subsidies and import substitution subsidies cited by the WTO. It also addresses a WTO finding regarding suppression of world cotton prices. This legislative action adds to the significant implementation efforts that the Administration undertook in July 2005, when it put in place administrative measures to implement the findings in the Cotton dispute with respect to export credit guarantees. The withdrawal of these subsidies was finally agreed at the Hong Kong ministerial meeting in December.
