Date: 2023
Type: Contribution to book
The appellate body’s judicial pathway : precedent, resistance and adaptation
Nico KRISCH and Ezgi YILDIZ (eds), The many paths of change in international law, Oxford : Oxford University Press, 2023, pp. 249-266
KUCIK, Jeffrey, PUIG DE LA PARRA, Sergio, The appellate body’s judicial pathway : precedent, resistance and adaptation, in Nico KRISCH and Ezgi YILDIZ (eds), The many paths of change in international law, Oxford : Oxford University Press, 2023, pp. 249-266
- https://hdl.handle.net/1814/76395
Retrieved from Cadmus, EUI Research Repository
This chapter looks at twenty years of practice of the global trade regime to illustrate the limits of change in international law. It is noted that, despite a strong norm to follow prior rulings, the World Trade Organization’s Appellate Body modified precedent regularly—especially in the face of past non-compliance. This finding has at least two implications for the framework proposed by Krisch and Yildiz. On the one hand, judicial change is limited by the receptors of legal change. These receptors (here, respondent governments) might express dissatisfaction by failing to comply, rendering courts’ decisions and proposed changes ineffective. On the other hand, adjudicators must also be strategic with respect to the changes enabled by their decisions. Importantly, the judicial pathway is conditioned by the ability of their decisions to result in compliance. A judiciary that prioritizes change over authority might see a backlash that renders them ineffective.
Additional information:
Published: November 2023
Cadmus permanent link: https://hdl.handle.net/1814/76395
Full-text via DOI: 10.1093/oso/9780198877844.003.0011
ISBN: 9780198877844
Publisher: Oxford University Press
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