If at first you don't succeed, challenge the constitutionality of the decision making body

Slate has a neat piece on the US softwood lobby's latest fight with what is readily apparent to everybody else. Here, they argue that NATO's dispute resolution mechanisms - neat little panels of 5 - interfere's with the American judicial system's ability to interpret American law. Or something like that. Some thoughts:

1) If this is the case, then isn't like every bi- or multi-lateral decision making body, be it the IJC or whatever, also problematic?
2) I wish I got this many do-overs when I play chess.