Dispute Resolution as Institutionalization in International Trade and Technology

16 Pages Posted: 1 Feb 2009

Date Written: February 1, 2005

Abstract

This paper looks at the dispute settlement system of the World Trade Organization from the point of view of "creeping institutionalization". Creeping institutionalization is described as the indirect creation of a new source of normative authority which generates a form of self-standing international legitimacy. This phenomenon has two vectors. First, the judicialization of decision-making imports a legal rationality that cannot ignore precedent despite treaty-based attempts to the contrary. Second, the recognition of public interest by panels calls for input into the process that state parties are not necessarily interested in bringing.

Keywords: Dispute Resolution Theory, WTO, Constitutionalization, Judicialization, Precedent, Arbitration

Suggested Citation

Gelinas, Fabien, Dispute Resolution as Institutionalization in International Trade and Technology (February 1, 2005). Fordham Law Review, Vol. 74, No. 2, pp. 489 - 504, 2005, Available at SSRN: https://ssrn.com/abstract=1336102

Fabien Gelinas (Contact Author)

McGill University ( email )

3644 Peel Street
Montreal, Quebec H3A1W9
Canada

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