| ID: |
TARP-151 |
| Title: |
The Precedent Setters: De Facto Stare Decisis in WTO Adjudication (Part Two of a Trilogy) |
| Source: |
9 J. Transnat’l L. & Pol’y l |
| Parties: |
|
| Dispute Resolution Organ: |
|
| Year: |
1999 |
| Pages: |
89 |
| Author(s): |
Raj Bhala |
| Keywords: |
adjudication, appellate body, common law, GATT, international law, stare decisis, trade, WTO |
| Abstract: |
In identifying methodological issues associated with the demonstration of de facto precedents, we must acknowledge the operation of de facto stare decisis in WTO Appellate Body reports as evidenced by several very clear lines of decisional authority contained in those reports (illustrating the operation of a de facto doctrine of stare decisis). These lines of precedent concern key procedural issues, such as: “requirements for a complaint and judicial economy”, and important substantive issues (such as the interpretation of GATT Article XIII). |
| Secured: |
False |
| Download Article: |
Available here |
Keywords: adjudication, appellate body/appellate review, common law, GATT, international law, stare decisis, trade, World Trade Organization/WTO
