Who Controls WTO Dispute Settlement? Socio-Professional Practices and the Crisis of the Appellate Body

Soave, Tommaso

doi:10.1163/22116133-02901003

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“…If anything, official stakeholders serve as the mediate or external audience of international courts: a looming presence that observes the unfolding of adjudication from a certain distance and intervenes only when the circumstances so require. 28 By contrast, the international judicial community operates within and in the immediate surroundings of courts and tribunals. This inner circle of legal professionals is in charge of running the judicial machinery in its everyday operations, and its recursive practices shape and inform every stage of the proceedings.…”

Section: Let Me Explainmentioning

confidence: 99%

The Two Faces of the Invisible College: Cooperation and Competition in the International Judicial Community

Soave

2022

SSRN Journal

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Section: Let Me Explainmentioning

confidence: 99%

The Two Faces of the Invisible College: Cooperation and Competition in the International Judicial Community

Soave

2022

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Judicialization and Public Support for Compliance with International Commitments

Cohen,

Powers

2024

International Studies Quarterly

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What effect does judicializing international commitments have on incentives to comply with international law? We study this question using experiments embedded in a survey of the American public. We find that non-compliance signals from an international court work precisely as theories of non-compliance anticipate, raising perceptions of legal obligation and support for returning to compliance relative to non-compliance signals from foreign state parties (i.e., the “victims” in a given dispute). At the same time, we find that signals from courts are no more (and no less) effective in generating public support for returning to compliance than identical non-compliance signals sent by international organizations or domestic political elites. These results suggest that courts are not uniquely positioned to shape the politics of compliance and that the often-rancorous debates over institutional design may be just as much about conflicts over institutional control as they are about conflicts over institutional forms or labels.

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Who Controls WTO Dispute Settlement? Socio-Professional Practices and the Crisis of the Appellate Body

Cited by 2 publications

References 0 publications

The Two Faces of the Invisible College: Cooperation and Competition in the International Judicial Community

The Two Faces of the Invisible College: Cooperation and Competition in the International Judicial Community

Judicialization and Public Support for Compliance with International Commitments

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