The Role of the Judge in International Trade Regulation: Experience and Lessons for the WTO

The WTO is generally seen as a key actor in globalization and, as such, has been a focal point of popular irritation worldwide. Many of the reproaches directed at the WTO reflect civil society's concern about what is perceived as a democratic deficit in how the organization operates. The main fear is that trade will rise to the ultimate value, prevailing over concerns such as health and the environment. The Role of the Judge offers insight into how disputes are resolved at the WTO level, into how the judicial branch interacts with the rest of the organization, and into the system's sensitivity of the system to external input. The book sheds light on the judicial system governing the WTO and shows it to be the only truly multilateral system where disputes are solved by third-party adjudication. The book develops along three lines: the first a search for cases submitted to the WTO where the judge exceeded its authority; the second a comparison of the WTO with the operations of national judicial systems having different levels of integration, specifically the United States (federal level) and the EC (quasi-federal level); and the third an exploration of directions for the future of dispute settlement in the WTO. Reflecting the diversity of its contributors, this book addresses questions of economics, political science, and law, bringing an unusual level of multidisciplinarity to this topic and context. It is designed for both academic readers and practitioners, who will find it full of practical insights and a rich, detailed analysis. 

Thomas Cottier is Professor of European and International Economic Law, University of Bern, and Managing Director, World Trade Institute, University of Bern.

Petros C. Mavroidis is Professor of Law, University of Neuchâtel. He formerly worked in the Legal Affairs Division of the World Trade Organization.

Patrick Blatter is Mavroidis's scientific collaborator.