European Legal Culture and WTO Dispute Settlement: Thirty Years of Socio-Legal Transplants from Brussels to Geneva

The Law and Practice of International Courts and Tribunals, Vol. 19, Issue 1, Forthcoming

24 Pages Posted: 14 May 2020

See all articles by Tommaso Soave

Tommaso Soave

Graduate Institute of International and Development Studies (IHEID); Central European University (CEU)

Date Written: January 20, 2020

Abstract

This article argues that the legal culture of EC/EU institutions has made a significant contribution to the ethos, the style, and the tone of WTO dispute settlement bodies. Areas of alignment between the two regimes include the self-perceived role of adjudicators vis-à-vis their political environment and the jurisprudence on the ‘necessity’ of non-trade measures. Based on these premises, the article traces some of the social and professional pathways through which European sensibilities and perspectives have found their way from Brussels (and Luxembourg) to Geneva. In particular, it describes the convergent trajectories of the EC/EU and the GATT/WTO professional communities. The goal of the analysis is to provide a fresh outlook on the ongoing diplomatic stalemate surrounding the future of the Appellate Body and WTO dispute settlement at large.

Keywords: WTO, Appellate Body, Dispute Settlement, Backlash, Law and Social Studies

JEL Classification: K33, K41

Suggested Citation

Soave, Tommaso, European Legal Culture and WTO Dispute Settlement: Thirty Years of Socio-Legal Transplants from Brussels to Geneva (January 20, 2020). The Law and Practice of International Courts and Tribunals, Vol. 19, Issue 1, Forthcoming, Available at SSRN: https://ssrn.com/abstract=3580689 or http://dx.doi.org/10.2139/ssrn.3580689

Tommaso Soave (Contact Author)

Graduate Institute of International and Development Studies (IHEID) ( email )

PO Box 136
Geneva, CH-1211
Switzerland

HOME PAGE: http://https://graduateinstitute.ch/academic-departments/faculty/tommaso-soave

Central European University (CEU) ( email )

Nador utca 9
Budapest, H-1051
Hungary
+436764514355 (Phone)

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
35
Abstract Views
229
PlumX Metrics