International Economic Law and Policy Blog

Sign in Subscribe

Topic

Precedent

23 posts

The Role of Precedent: What the WTO Members Think (Part 2)

A while back, I mentioned a discussion among the WTO Members, at a DSB meeting, on the role of precedent in WTO dispute settlement. This discussion was in the context of the U.S. - Stainless Steel (Mexico) dispute, where the AB made some statements that seemed to indicate a

The Role of Precedent at the WTO: What the Members Think

From the summary of the DSB meeting where the recent U.S. - Stainless Steel from Mexico case was adopted: There was a debate among members on whether or not panels were obliged to follow AB decisions. Some members argued that prior AB rulings constituted a clear line of jurisprudence

The Role of Precedent in WTO Dispute Settlement

At this point, many people are probably zoning out while trying to read all the recent "zeroing" decisions. But buried in the latest panel decision (DS322) is an interesting question regarding the role of precedent in WTO dispute settlement. Briefly, the Panel decided not to follow the approach