Black Cat, White Cat. The Identity of the WTO Judges

19 Pages Posted: 4 Mar 2015 Last revised: 25 Apr 2015

See all articles by Louise Johannesson

Louise Johannesson

Research Institute of Industrial Economics (IFN); Örebro university

Petros C. Mavroidis

Columbia University - Law School; European University Institute - Department of Law (LAW); European University Institute - Robert Schuman Centre for Advanced Studies (RSCAS)

Date Written: March 1, 2015

Abstract

WTO judges are proposed by the WTO Secretariat and elected to act as ‘judges’ if either approved by the parties to a dispute, or by the WTO Director-General in case no agreement between the parties has been possible. They are typically ‘Geneva crowd’, that is, they are either current or former delegates representing their country before the WTO. This observation holds for both first- as well as second instance WTO judges (e.g. Panelists and members of the Appellate Body). In that, the WTO evidences an attitude strikingly similar to the GATT. Whereas the legal regime has been heavily ‘legalized’, the people called to enforce it remain the same.

Keywords: WTO, dispute resolution, panellists, judicial appointments

JEL Classification: K40

Suggested Citation

Johannesson, Louise and Mavroidis, Petros C., Black Cat, White Cat. The Identity of the WTO Judges (March 1, 2015). Robert Schuman Centre for Advanced Studies Research Paper No. RSCAS 2015/17; Columbia Public Law Research Paper No. 14-463. Available at SSRN: https://ssrn.com/abstract=2572390 or http://dx.doi.org/10.2139/ssrn.2572390

Louise Johannesson (Contact Author)

Research Institute of Industrial Economics (IFN) ( email )

Box 55665
Grevgatan 34, 2nd floor
Stockholm, SE-102 15
Sweden

Örebro university ( email )

Örebro
Sweden

Petros C. Mavroidis

Columbia University - Law School ( email )

435 West 116th Street
New York, NY 10025
United States

European University Institute - Department of Law (LAW) ( email )

Via Bolognese 156 (Villa Salviati)
50-139 Firenze
ITALY

European University Institute - Robert Schuman Centre for Advanced Studies (RSCAS) ( email )

Villa La Fonte, via delle Fontanelle 18
50016 San Domenico di Fiesole
Florence, Florence 50014
Italy

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