Advanced Search
MyIDEAS: Login to save this article or follow this journal

Does the WTO Need a Permanent Body of Panelists?

Contents:

Author Info

  • Marc L. Busch
  • Krzysztof J. Pelc
Registered author(s):

    Abstract

    There is a longstanding debate over the need for a permanent body of panelists at the World Trade Organization (WTO). Put most starkly by the European Communities (EC), the argument is that only full-time jurists would have the experience needed to render 'better and more consistent rulings' that could stand up under appellate review. India and the African Group, among others, challenge the logic of Europe's proposal and its empirical underpinnings. Our article weighs in on this debate, offering the first statistical test of the EC's hypothesis, that conditional on being appealed, rulings handed down by less-experienced panelists are more likely to be reversed. We find that experience matters, but only with regards to the panel's chair. Indeed, on appeal, panels led by experienced chairs are far less likely to have their rulings reversed by the Appellate Body; the experience of the other panelists, by comparison, is inconsequential. The implication is that rather than constituting a permanent body of panelists, the WTO would be better served by establishing a pool of permanent chairs. As for the timeliness of panel reports, which is Europe's--and the literature's--other outcome of interest, we find no evidence that judicial experience matters in the least. Oxford University Press 2009, all rights reserved, Oxford University Press.

    Download Info

    If you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
    File URL: http://hdl.handle.net/10.1093/jiel/jgp024
    Download Restriction: Access to full text is restricted to subscribers.

    As the access to this document is restricted, you may want to look for a different version under "Related research" (further below) or search for a different version of it.

    Bibliographic Info

    Article provided by Oxford University Press in its journal Journal of International Economic Law.

    Volume (Year): 12 (2009)
    Issue (Month): 3 (September)
    Pages: 579-594

    as in new window
    Handle: RePEc:oup:jieclw:v:12:y:2009:i:3:p:579-594

    Contact details of provider:
    Postal: Oxford University Press, Great Clarendon Street, Oxford OX2 6DP, UK
    Fax: 01865 267 985
    Email:
    Web page: http://www.jiel.oupjournals.org/

    Order Information:
    Web: http://www.oup.co.uk/journals

    Related research

    Keywords:

    References

    No references listed on IDEAS
    You can help add them by filling out this form.

    Citations

    Lists

    This item is not listed on Wikipedia, on a reading list or among the top items on IDEAS.

    Statistics

    Access and download statistics

    Corrections

    When requesting a correction, please mention this item's handle: RePEc:oup:jieclw:v:12:y:2009:i:3:p:579-594. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Oxford University Press) or (Christopher F. Baum).

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If references are entirely missing, you can add them using this form.

    If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.