The WTO Appellate Body's Decision-Making Process: A Perfect Model For International Adjudication?
The functioning of the Appellate Body (AB) is virtually perfect in terms of collegial decision-making. During its first 12 years, it has produced more than 70 reports dealing with controversial trade and non-trade issues with results that are astonishing. First of all, the AB has usually met the strict 90-day deadline to render its decisions, established by the Dispute Settlement Understanding (DSU). Second, despite the fact that the AB has dealt with issues of paramount domestic and international relevance, which could lead to internal divisions among AB Members, the collegial decision-making process of the AB has managed to decide all cases so far with only three separate opinions. And third, even though the AB decides by Divisions, its case law has been coherent through all of them. How has the AB's; collegial decision-making process been able to achieve these results? Former AB Members have provided some descriptions of the AB's; decision-making process. However, they face limitations on the scope of the disclosure of how the AB decides appeals and therefore can provide partial explanations for the success of the institution. This article seeks to fill in this gap using theoretical and comparative analyses to reveal the formal features and informal practices of the AB that allow it to achieve the aforementioned outcomes. , Oxford University Press.
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.
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.
Volume (Year): 12 (2009)
Issue (Month): 2 (June)
|Contact details of provider:|| Postal: Oxford University Press, Great Clarendon Street, Oxford OX2 6DP, UK|
Fax: 01865 267 985
Web page: http://www.jiel.oupjournals.org/
|Order Information:||Web: http://www.oup.co.uk/journals|
When requesting a correction, please mention this item's handle: RePEc:oup:jieclw:v:12:y:2009:i:2:p:289-331. 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.