作者
Gregory Shaffer, Manfred Elsig, Sergio Puig
发表日期
2016
期刊
Law & Contemp. Probs.
卷号
79
页码范围
237
简介
Many may presume that the authority of an international court (IC) is evolutionary and largely unidirectional. This article shows that the authority of the Appellate Body (AB) of the World Trade Organization (WITO) rapidly and almost immediately became extensive, but nonetheless remains fragile and at risk of decline, and even (potentially) rapid decline. The AB is a young but remarkably authoritative IC even though the founders of the WTO did not deign to call it a court, arguably in the hope of constraining its authority. Particularly remarkable is how the AB almost immediately established not merely narrow (litigant-specific) authority and intermediate (membership-level) authority, but extensive field-level authority. Such rapid development of extensive field authority is arguably a unique case in international politics at the multilateral level. Yet this authority remains fragile, and it could decline rapidly.
The WTO's current …
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