2017

Five Scenarios in Search for a Director. WTO Judges, Their Terms of References, Scope of Competence, Remedies they Proscribe, and the Consequences for the Addressees

Reprint No. 2017:44

Author(s): Louise Johannesson and Petros C. MavroidisYear: 2017 Title: WTO Dispute Settlement: Time to Take Stock Chapter: 6Editor(s): Jacques H. J. Bourgeois, Marco Bronckers and Reinhard QuickPublisher: P.I.E. Peter LangCity: Brussels: Belgium Pages: 121–143
Online article (restrictions may apply)


The WTO has been lauded for its unique dispute settlement system. Its uniqueness lies primarily in that it is the most comprehensive “compulsory third party” adjudication regime in international relations. No other regime of this breadth exists in state to state relations. Without assigning a cause to effect relationship, we point to factors that might be further researched in order to show to what extent they constitute prerequisites for emulating compulsory third party adjudication. Pragmatic judgments constitute a factor to be reckoned with. WTO judges are typically “Geneva crowd”, and they feel comfortable with judgments that do not prejudge too much national sovereignty. The institution is further happy to talk compliance up, using proxies rather than accurate information to this effect.


Reference:
Johannesson, Louise and Petros C. Mavroidis (2017), "Five Scenarios in Search for a Director. WTO Judges, Their Terms of References, Scope of Competence, Remedies they Proscribe, and the Consequences for the Addressees". Chapter 6, pp. 121–143 in Jacques H. J. Bourgeois, Marco Bronckers and Reinhard Quick, eds., WTO Dispute Settlement: Time to Take Stock. Brussels: Belgium: P.I.E. Peter Lang.

Interdisciplinary European Studies

The European Union in a Changing World Order

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This book explores how the European Union responds to the ongoing challenges to the liberal international order. These challenges arise both within the EU itself and beyond its borders, and put into question the values of free trade and liberal democracy. 

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