Abstract

http://ssrn.com/abstract=1931560
 
 

Footnotes (67)



 


 



Precedent in the Settlement of International Economic Disputes: The WTO and Investment Arbitration Models


Giorgio Sacerdoti


Bocconi University - Department of Law

January 15, 2011

Bocconi Legal Studies Research Paper No. 1931560

Abstract:     
The issue of precedent in international law attracts currently special interest in view of the proliferation of international courts and the lack of institutional relations between them. Notwithstanding the absence of "stare decisis" l an international court looking at previous decisions relevant for a case, even originating from a different court, contributes however to predictability, and coherence of international law through adjudication. The paper first reviews the common law and civil law sytems. I then analyses the practice of the ICJ and of other international courts such as the ECHR, the ECJ and international criminal courts. The paper thereafter concentrates on the reliance on precedents within the WTO dispute settlement system which features an orginal appeal system wherein panels are expected to follow Appellate Body precedents. The role of previous decisions in commercial and investment arbitration is thereafter reviewed, highlighting the diffeences between the two models in respect to ICSID arbitration. The paper concludes highlighting the desirability of "jurisprudence constante" by ICSID Annulment Commitees.

Number of Pages in PDF File: 19

Keywords: precedent, international law, international courts, WTO, international commercial arbitration, investment arbitration, ICSID

JEL Classification: K33, K41

working papers series


Download This Paper

Date posted: September 21, 2011  

Suggested Citation

Sacerdoti, Giorgio, Precedent in the Settlement of International Economic Disputes: The WTO and Investment Arbitration Models (January 15, 2011). Bocconi Legal Studies Research Paper No. 1931560. Available at SSRN: http://ssrn.com/abstract=1931560 or http://dx.doi.org/10.2139/ssrn.1931560

Contact Information

Giorgio Sacerdoti (Contact Author)
Bocconi University - Department of Law ( email )
Via Roentgen 1
Milan, 20136
Italy
Feedback to SSRN


Paper statistics
Abstract Views: 1,975
Downloads: 491
Download Rank: 31,041
Footnotes:  67

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo5 in 0.297 seconds