Groupthink Bias in International Adjudication

Forthcoming, Journal of International Dispute Settlement (OUP 2020)

Amsterdam Law School Research Paper No. 2020-05

Amsterdam Center for International Law No. 2020-04

47 Pages Posted: 27 Jan 2020

See all articles by Philipp Günther

Philipp Günther

WZB Berlin Social Science Center - International Politics and Law; Free University of Berlin (FUB) - Department of Law

Date Written: January 17, 2020

Abstract

One of the most common assumptions about decision-making is that groups usually enhance the quality of the outcomes of deliberative processes. The research on groupthink behaviour challenges this belief by hypothesizing that certain group constellations excessively seek concurrence and thereby increase the probability of faulty decision-making. Since the decision-making process in international adjudication almost always involves group choices, it is crucial to consider the group environment of collegial court decision-making. This article utilizes the General Group Problem Solving model (GGPS) to ascertain how strong the different group conformity antecedents are pronounced in five international courts (the ICJ, the ITLOS, the WTO AB, the ECtHR, and the ICC). The results of the GGPS analysis indicate that the WTO AB and ICC are most likely susceptible to groupthink effects while the other courts are relatively resilient.

Keywords: international dispute settlement, public international courts and tribunals, WTO dispute settlement, groupthink bias, deliberations

JEL Classification: K4, K33

Suggested Citation

Günther, Philipp, Groupthink Bias in International Adjudication (January 17, 2020). Forthcoming, Journal of International Dispute Settlement (OUP 2020); Amsterdam Law School Research Paper No. 2020-05; Amsterdam Center for International Law No. 2020-04. Available at SSRN: https://ssrn.com/abstract=3521216 or http://dx.doi.org/10.2139/ssrn.3521216

Philipp Günther (Contact Author)

WZB Berlin Social Science Center - International Politics and Law ( email )

Reichpietschufer 50
Berlin, Berlin 10785
Germany

Free University of Berlin (FUB) - Department of Law ( email )

Berlin
Germany

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