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Justice is Coming (… From Behind Closed Doors: The WTO Judges)

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Chapter Summary

World Trade Organization (WTO) dispute settlement has attracted a lot of interest over the years and there is a plethora of academic papers focusing on various aspects of that system. Paradoxically, there is little known about the identity of the WTO judges: paradoxically, since, at the end of the day, the WTO has evolved into the busiest forum litigating state to state disputes. The typical WTO judge is a government official, not necessarily of high seniority, who is or has spent some time in Geneva representing his/her country before the WTO. Whether this is a conscious choice or an accidental by-product of a dispute adjudication system focusing on procedures rather than personalities is hard to establish. The focus in this chapter is on the selection process for WTO judges, the statutory constraints and relevant practice, selection process for Panellists and for AB members.

Keywords: AB members; dispute adjudication system; Geneva; Justice; panellists; statutory constraints; World Trade Organization (WTO); WTO; WTO judges



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