It is traditionally contended that politics and law are two separate domains of international relations among the main actors, states. As opposed to this thinking, international relations of the twenty-first century have been characterized by the continuing interaction of law and politics. As the main actors and participants in international law, states played and still play significant roles in this development. The growing sense of nationalism within states and the concomitant consequence of prioritizing their respective national interests led to the use, by these states, of international law as an instrument of justification. When international law is used this way, politics, and law inevitably confluence to serve the interests of those states with strong national objectives that they seek to achieve in any way possible. International trade has become very essential in international relations more than ever while it at the same time is affected by the political decisions of states at different levels. When the World Trade Organization was established (January 1, 1995), its first aim was to institutionalize the international trade relation among states so that more trade liberalization and integration would be achieved. It has been doing a remarkable job in working towards a more integrated world through its laws, systems, and institutions. The WTO Dispute Settlement System, with its establishing agreement (Dispute Settlement Understanding) and adjudicating bodies, is such a crucial system of the WTO with a good reputation in the past two decades. It has a complex procedure consisting of both political negotiation and adjudication in the judicial process. This paper limits itself to examining how political decisions by Member states within the WTO affect the WTO dispute settlement system’s progress to ‘judicialization’ of its adjudication process.
Legal documents United Nations. Statute of the International Court of Justice, 18 April 1946. Agreement Establishing the World Trade Organization, 1994. WTO, Uruguay Round Agreement, Understanding on Rules and Procedures Governing the Settlement of Disputes, 1994. WTO Dispute Settlement, DS406: United States — Measures Affecting the Production and Sale of Clove Cigarettes, (https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds406_e.htm). WTO Dispute Settlement, DS46: Brazil — Export Financing Programme for Aircraft, Appellate Body Report, (https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds46_e.htm). WTO Dispute Settlement, DS267: United States — Subsidies on Upland Cotton, Appellate Body Report, (https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds267_e.htm). WTO Dispute Settlement, DS316: European Communities and Certain member States — Measures Affecting Trade in Large Civil Aircraft, (https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds316_e.htm). WTO Dispute Settlement, DS27: European Communities — Regime for the Importation, Sale and Distribution of Bananas, (https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds27_e.htm) World Trade Organization Secretariat, Summary of DS27, (https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds27_jmp_test_e.htm#summary) WTO, EC-Bananas III (DS27) Summary: (https://www.wto.org/english/tratop_e/dispu_e/cases_e/1pagesum_e/ds27sum_e.pdf) Books and book chapters Helmedach, Achim and Bernhard Zangl. “Dispute Settlement Under GATT and WTO: An Empirical Enquiry into a Regime Change” in Constitutionalism, Multilevel Trade Governance And Social Regulation (Studies in International Trade Law) edited by Christian Joerges and Ernst-Ulrich Petersmann. Hart Publishing, 2006. Martin, Lisa and Beth Simmons. “International Organizations and Institutions” in Handbook of International Relations, edited by Walter Carlsnaes, Thomas Risse, Beth A. Simmons, 192-211. Thousand Oaks, CA, Sage Publications, 2002. van den Bossche, Peter and Werner Zdouc. The Law and Policy of the World Trade Organization: Text, Cases and Materials, 4th Edition. Cambridge: Cambridge University Press, 2017. van Grasstek, Craig. The History and Future of the World Trade Organization. Geneva: World Trade Organization Press, 2013. World Trade Organization. Dispute Settlement Reports. Cambridge: Cambridge University Press, 2007. Zimmermann, Thomas A. “WTO Dispute Settlement: General Appreciation and the Role of India.” in WTO and Dispute Resolution. Edited by K. Padmaja, 147-201. Punjagutta: The Ifcai University Press, 2007). Zimmermann, Thomas A. Negotiating the Review of the WTO Dispute Settlement Understanding. Cameron May Ltd, 2005. Journal and periodicals Hammond, Felicity. “A Balancing Act: Using WTO Dispute Settlement to Resolve Regional Trade Agreement Dispute.” Trade, Law and Development (2012): 421-450. Kienstra, D. Jeffrey. “Cleared For Landing: Airbus, Boeing, and the WTO Dispute over Subsidies to Large Civil Aircraft” Northwestern Journal of International Law & Business 32, iss. 3 (2012): 569-606. Moon, Don. “Equality and Inequality in the WTO Dispute Settlement (DS) System: Analysis of the GATT/WTO Dispute Data” International Interactions 32, no. 3 (2006): 201-228. Pekkanen, Saadia M. “Sword and Shield: The WTO Dispute Settlement System and Japan.” The Japanese Economy 28, no. 5 (2000): 3-26. Price, David Andrew, “Taking Rights Cynically: A Review of Critical Legal Studies”, The Cambridge Law Journal, Vol. 48, No. 2 (1989). Price, David Andrew. “Taking Rights Cynically: A Review of Critical Legal Studies” Cambridge Law Journal 48, no. 2 (1989): 271-301. Yasuaki, Onuma “International Law in and with International Politics: The Functions of International Law in International Society” EJIL 14, no. 1 (2003): 105-139. Web sources Financial Times, “What is At Stake on WTO-Ruling on Airbus-Boeing Trade Dispute.” Accessed 2 August 2019. https://www.ft.com/content/de3f9c12-e3a0-11e9-9743-db5a370481bc World Trade Organization. “GATT Bilateral Negotiating Material by Round.” https://www.wto.org/english/docs_e/gattbilaterals_e/indexbyround_e.htm World Trade Organization. “The Uruguay Round.” Accessed 2 August 2019. https://www.wto.org/english/thewto_e/whatis_e/tif_e/fact5_e.htm World Trade Organization. “Dispute Settlement.” Accessed 2 August 2019. https://www.wto.org/english/tratop_e/dispu_e/dispu_e.htm https://www.meti.go.jp/english/report/downloadfiles/2011WTO/2-0Overview.pdf World Trade Organization. “The Process- Stages in A Typical WTO Dispute.” Accessed 2 August 2019. https://www.wto.org/english/tratop_e/dispu_e/disp_settlement_cbt_e/c6s4p1_e.htm The Hill, “US Indonesia Settle Clove Cigarette Dispute.” Accessed 2 August 2019. https://thehill.com/policy/finance/219755-us-indonesia-settle-clove-cigarette-dispute World Trade Organization, “Members Give US Green light to Impose Countermeasures on EU in Aircraft Subsidy Dispute.” Accessed 2 August 2019. https://www.wto.org/english/news_e/news19_e/dsb_14oct19_e.htm World Trade Organization. “ European Union Appeals Second Compliance Panel Ruling in Airbus Dispute.” Accessed 2 August 2019. https://www.wto.org/english/news_e/news19_e/ds316oth_06dec19_e.htm. Bretton Woods Project. What are the Bretton Woods Institutions?” Bretton Woods Project, 1 January 2019. Accessed 2 August 2019. https://www.brettonwoodsproject.org/2019/01/art-320747/ Others Globalization101.org. “International Law and Organizations, A Project of Suny Levin Institute.” Accessed 8 August 2019. https://www.globalization101.org/uploads/File/Inter/interall.pdf.
Gebeyehu, Meaza Haddis
"The Impact Of Political Decisions Within The WTO Dispute Settlement System: Political Negotiations Within Adjudication,"
Indonesian Journal of International Law: Vol. 17
, Article 3.
Available at: https://scholarhub.ui.ac.id/ijil/vol17/iss1/3