Home » Articles » A Theory of WTO Adjudication: From Empirical Analysis to Biased Rule Development

A Theory of WTO Adjudication: From Empirical Analysis to Biased Rule Development

PDF · Juscelino F. Colares · Jul-11-2012 · 42 VAND. J. TRANSNAT'L L. 383 (2009)

The positive theory of litigation predicts that, under certain conditions, plaintiffs and defendants achieve an unremarkable and roughly equivalent share of litigation success.  This Article, grounded in an empirical analysis of WTO adjudication from 1995 through 2007, reveals a high disparity between Complainant and Respondent success rates: Complainants win roughly ninety percent of the disputes.  This disparity transcends Case Type, Party Identity, Income Level, and other litigant-specific characteristics.  After analyzing and discarding standard empirical and theoretical alternative explanations for the systematic disparity in success rates, this study demonstrates, through an examination of patterns in WTO adjudicators’ notorious decisions, that biased rule development explains this disparity.  This Article then discusses the effect of biased rule development on perceptions of the WTO dispute settlement system’s democratic legitimacy and legality.  (JEL: K 33, K 41)




Leave a Reply

ExpressO Top 10 Law Review

ANNOUNCEMENTS

The Vanderbilt Journal of Transnational Law has confirmed the schedule and panelists for its 2015 Symposium, This is Not a Drill: Confronting Legal Issues in the Wake of International Disasters.

Read the Journal’s latest issue (Vol. 47 No. 4) here.

The Vanderbilt Journal of Transnational Law mourns the death of its founder, Professor Harold G. Maier.

We are pleased to announce the 2014-2015 Board of Editors and 2014-2015 Editorial Staff Members.

Please join us in congratulating the Vanderbilt Journal of Transnational Law 2013-2014 Annual Award Winners.

Coming up:

The Vanderbilt Journal of Transnational Law invites you to its 2015 Symposium, This is Not a Drill: Confronting Legal Issues in the Wake of International Disasters.

Recent and dire international disasters, both environmental and humanitarian, have left legacies not only of destruction and destitution, but also of an uncertain legal landscape. The Symposium will address current and pressing international-disaster-response topics. These will include environmental effects, disaster assistance, humanitarian assistance, and criminal processes and sanctions in the wake of various types of international disasters. Symposium participants will include leading scholars from across the country.

The 2015 Symposium will take place on Friday, February 13, 2015 at Vanderbilt Law School, 131 21st Avenue South, Nashville, TN 37203. A detailed schedule will be available soon.

For information on the 2015 Symposium, as well as past symposia hosted by the Journal, please visit the Symposium page.

Explore Other Vanderbilt Law Resources