| ID: |
TARP-150 |
| Title: |
The Myth about Stare Decisis and International Trade Law |
| Source: |
14 Am. U. Int’l L. Rev. 845 |
| Parties: |
|
| Dispute Resolution Organ: |
|
| Year: |
1999 |
| Pages: |
0 |
| Author(s): |
Raj Bhala |
| Keywords: |
binding, international trade, law, public international law, rule of law, stare decisis, trade, trade law |
| Abstract: |
We must recognize the existence and nature of the myth of non-binding stare dercisis, de-emphasize the distinction between “binding” and “non-binding” precedent, and shift focus to the distinction between “de facto” and “de jure” stare decisis. The belief that stare decisis does not operate in the international trade arena is untrue. There presently exists a doctrine of de facto stare decisis at international law. The article locates the origins of this myth in international trade law and public international law (a link between the ITO and ICJ, and civil law traditions), and it then deconstructs a useless and confusing distinction on which the myth rests, namely, between binding and non-binding precedent. A concluding distinction between de facto and de jure stare decisis is offered. |
| Secured: |
False |
| Download Article: |
Available here |
Keywords: binding, international trade, law, public international law, rule of law, stare decisis, trade, trade law
