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WTO dispute settlement: the politics of procedure in Appellate Body rulings

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  • SMITH, JAMES McCALL

Abstract

This paper investigates how the Appellate Body has coped with its precarious position in the WTO. It must rely on decentralized enforcement of its rulings; interpret new regulatory rules that are complex and contested; hear and resolve all disputes; and deal with governments litigating issues on which they fail to achieve consensus in negotiations. In this setting, the Appellate Body cannot easily promote both its reputation for coherence and its record of compliance – the dual underpinnings of its perceived authority. In response, it has crafted an activist and politically sophisticated approach to several procedural issues. Despite underlying disagreements among member states, the Appellate Body has seized chances to enact procedural reforms that encourage consensus rulings, improve its access to information, and expand its judicial discretion. While no guarantee of success, these procedures should enhance the Appellate Body's ability to reduce the intrinsic political risks of WTO adjudication.

Suggested Citation

  • SMITH, JAMES McCALL, 2003. "WTO dispute settlement: the politics of procedure in Appellate Body rulings," World Trade Review, Cambridge University Press, vol. 2(1), pages 65-100, March.
    • Handle: RePEc:cup:wotrrv:v:2:y:2003:i:01:p:65-100_00
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    Cited by:

    1. Johan Lindeque & Steven McGuire, 2007. "The United States and trade disputes in the World Trade Organization: Hegemony constrained or confirmed?," Management International Review, Springer, vol. 47(5), pages 725-744, September.
    2. Rezana Konomi & Dorina Gjipali & Ntastin Perola, 2023. "Effectiveness and legitimacy of Amicus Curiae submission before WTO judiciary organs," Academicus International Scientific Journal, Entrepreneurship Training Center Albania, issue 28, pages 110-120, July.

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