event
International Law
Wednesday
03
November
Joost Pauwelyn

Who Writes the Rulings of the World Trade Organization?

Joost Pauwelyn
, -

Online

You are kindly invited to the upcoming session of the International Law Colloquium. 

We are delighted to welcome Professor Joost Pauwelyn, who will present three draft papers that he is co-authoring with a McGill political scientist, Krzysztof Pelc: "Who Controls WTO Dispute Settlement? Evidence from 25 Years of WTO Rulings".

 

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Professor Pauwelyn kindly recommends some reading guidelines on what to read, the core elements to look at, a combination of descriptive/normative elements, and empirical analysis. We note to the attention of our PhD candidates that in his talk, Professor Pauwelyn intends to talk as much about substance as method, and how to design, cut-up papers, co-author with someone in a different discipline.

Paper 1 (descriptive/normative paper on the role of the WTO Secretariat):

  • Read abstract and introduction, p. 1-3;
  • Skim p. 3-12 on the various roles and input by staff, especially if you do not know much about the WTO;
  • Carefully read Table at p. 22, where we summarize (i) the various roles of staff, (ii) what explains this increased role and input, (iii) why this matters ("so what?"), in terms of concerns / impacts;
  • Conclusion and questions for reform, p. 28-29.

Paper 2 (transparency-anonymity-authorship paper of WTO panel rulings & dissents):

  • Read intro, p. 1-5;
  • Empirical part on who writes panel rulings, p. 18-29, and on detecting authorship of anonymous dissents, p. 33-35;
  • Implications in terms of balance between judicial autonomy (having strong Secretariat, keeping dissents anonymous) and political control (panelist-diplomats, veto on AB (re)appointments), p. 36-40.  

Paper 3 (informal judicial norms paper: collegiality, consensus and strong precedent as reaction against threats of political pressure):

  • Abstract and intro, p. 1-6;
  • Empirical analysis of (i) whether random selection of appeal divisions is biased, (ii) national bias in WTO rulings, (iii) when/who dissents and national bias there, p. 26-35;
  • Conclusion, p. 35-37.

We invite you to please read the attached readings before the session.