Law Commons^™

A Theoretical And Political Analysis Of The Wto Appellate Body, Shoaib A. Ghias

Shoaib A. Ghias

Economic liberalization not only requires rules goveming economic exchange (such as multilateral trade agreements), but also institutions (such as courts) goveming how rules are enforced. However, once courts are established to govem economic exchange, they tend to expand their competence to political and social policy. Political scientists have used this theoretical framework to explain the evolution of national (for example the U.S. Supreme Court) and quasi-intemational (for example the European Court of Justice) judicial institutions. In this article, I explain how this model can be extended to a truly intemational "judicial" institution, the WTO's Appellate Body. In short, the Appellate …

Recent Trends And Perspectives For Non-State Actor Participation In World Trade Organization Disputes, Ernesto A. Hernandez-Lopez

Ernesto A. Hernandez

Recent trends in World Trade Organization (WTO) disputes show non-state actors play an increasingly significant role in the resolution of disputes between WTO Members. First, the Appellate Body has interpreted the Right to Seek Information in Article XIII of the Dispute Settlement Understanding (DSU) as permitting non-state actors, particularly non-governmental organizations, to submit amicus curiae briefs in WTO disputes. Second, non-governmental legal counsel has played active roles in recent disputes. Third, private counsel to business interests have played an indirect role in dispute settlement, by assisting in formulation of legal strategy in WTO disputes.

Because the WTO is reviewing the …