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    D - R M L N L U, L S - 2018-19: R AM Anohar Ohiya Ational AW Niversity Ucknow Ession

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    1) The document discusses the issue of whether the doctrine of stare decisis exists in the legal order of the World Trade Organization (WTO). 2) While Article 3.2 of the WTO Dispute Settlement Understanding strives for predictability, trade scholars are reluctant to give more than persuasive status to Appellate Body reports due to influences from general international law. 3) This has led to an ambiguous and self-contradictory jurisprudence. The research aims to examine the non-acceptance of stare decisis in international law and WTO practice to determine if the doctrine exists in the WTO legal order.

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    D - R M L N L U, L S - 2018-19: R AM Anohar Ohiya Ational AW Niversity Ucknow Ession

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    Anubhav Verma
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    1) The document discusses the issue of whether the doctrine of stare decisis exists in the legal order of the World Trade Organization (WTO). 2) While Article 3.2 of the WTO Dispute Settlement Understanding strives for predictability, trade scholars are reluctant to give more than persuasive status to Appellate Body reports due to influences from general international law. 3) This has led to an ambiguous and self-contradictory jurisprudence. The research aims to examine the non-acceptance of stare decisis in international law and WTO practice to determine if the doctrine exists in the WTO legal order.

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    1) The document discusses the issue of whether the doctrine of stare decisis exists in the legal order of the World Trade Organization (WTO). 2) While Article 3.2 of the WTO Dispute Settlement Understanding strives for predictability, trade scholars are reluctant to give more than persuasive status to Appellate Body reports due to influences from general international law. 3) This has led to an ambiguous and self-contradictory jurisprudence. The research aims to examine the non-acceptance of stare decisis in international law and WTO practice to determine if the doctrine exists in the WTO legal order.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    99 views4 pages

    D - R M L N L U, L S - 2018-19: R AM Anohar Ohiya Ational AW Niversity Ucknow Ession

    Uploaded by

    Anubhav Verma
    1) The document discusses the issue of whether the doctrine of stare decisis exists in the legal order of the World Trade Organization (WTO). 2) While Article 3.2 of the WTO Dispute Settlement Understanding strives for predictability, trade scholars are reluctant to give more than persuasive status to Appellate Body reports due to influences from general international law. 3) This has led to an ambiguous and self-contradictory jurisprudence. The research aims to examine the non-acceptance of stare decisis in international law and WTO practice to determine if the doctrine exists in the WTO legal order.

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    © All Rights Reserved
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    of 4

    DR.

    RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY,


    LUCKNOW
    SESSION-2018-19

    International Trade Law

    Synopsis
    Stare Decisis in WTO

    UNDER THE SUPERVISION SUBMITTED BY

    Ms. Priya Anuragini Anubhav Verma

    Assistant professor (Law) Enroll No - 150101023

    Dr. RMLNL University B.A. LLB. (Hons.)


    INTRODUCTION
    Stare decisis means to stand firmly by things that have been decided and not disturb them. The
    incorporation of this idea formally within the International law ambit is absolutely revolting to
    International law experts. In fact to ensure that International law stays clear of the principle of
    precedent it was codified under Article 59 of the ICJ statute which in clear terms states that the
    decision of the court has no binding force except between parties and in respect of that particular
    case.

    This fear of accepting stare decisis has permeated International Trade law as well. This is
    evident from the panel reports in India – Patents and US- Stainless Steel which have stated in
    unequivocal terms that Appellate Body(AB) reports are not binding on Panels or AB in the
    future. However, the AB on numerous occasions has held to the contrary. Even though Article
    3.2 of the DSU strives for providing security and predictability within the WTO legal order,
    International trade scholars are not willing to give AB reports a status of more than just being
    ‘persuasive’ at best. This has given rise to jurisprudence which is ambiguous and self
    contradictory in nature. This reluctance to accept the value of precedents within the WTO regime
    is evident in the comment made by John H. Jackson where he has claimed that it can be argued
    that there is quite a powerful precedent effect in the jurisprudence of the WTO, but that is
    definitely not stare decisis and it is not so powerful as to require panels or AB considering new
    cases to follow prior cases.

    AIM & OBJECTIVE


    In this project the researcher would address the issue by firstly examining the scenario in
    International law and the major influences in non-acceptance of the doctrine. The author would
    then analyse the practice in WTO to determine whether the doctrine exists within the
    International Trade legal order. The author would also look into the opinions of member
    countries on the issue.
    Finally, the author seeks to propose a midway which is politically feasible in the WTO under
    which at least the future Panels would be bound by prior AB reports.

    STATEMENT OF PROBLEM
    The purpose of this project is to identify the major influenes in the non acceptance of the
    doctrine of stare decisis in the scenario of International law. The basic hypothesis is that even
    though Article 3.2 of the DSU (dispute settlement understanding) strives for providing security
    and predictability within the WTO legal order, International trade scholars are not willing to give
    Appellate Body(AB) reports a status of more than just being ‘persuasive’ at best. This has given
    rise to jurisprudence which is ambiguous and self contradictory in nature.

    HYPOTHESIS
    In the WTO legal order exists no strictly binding precedent in the sense of stare decisis. As a
    general matter Panels do not, and should not, feel constrained by previous panel and Appellate
    Body decisions so strongly as to feel required to blindly follow them.

    RESEARCH QUESTIONS
     Whether in the legal order of the WTO, doctrine of stare decisis exists so as to make the
    Panels feel constrained to blindly follow the previous panel and Appellate Body
    decisions?

    SOURCES
    Research in this project has been done by ‘Doctrinal Method’ of research. The methodology
    adopted is doctrinal, analytical and descriptive. The researcher mainly depended on the primary
    sources like statutes of various countries, international conventions and secondary sources like
    books, Articles, journals, case laws and websites. Internet has provided with a major contribution
    of most relevant and latest information on the web which has helped the researcher to explore the
    subject through various dimensions. Dr. Ram Manohar Lohiya National Law University,
    Lucknow and its e-resources have played a crucial role in bringing out special material for the
    project. Opinions of experts published on the web also contributed to a great extent for
    conducting research in the subject.

    BIBLIOGRAPHY
    Articles

     Bhala, Raj. "The Myth About Stare Decisis and International Trade Law (Part One of a
    Trilogy)." American University International, Law Review 14, no. 4 (1999): 845-956.
     The United States and the WTO Dispute Settlement System, Robert Z. Lawrence, CSR
    NO. 25, MARCH 2007, Council on Foreign Relations, The Bernard and Irene Schwartz
    Series on American Competitiveness

    Websites:

     http://www.socpaper.com/a-research-on-stare-decisis-in-wto-dispute-settlement-
    mechanism.html
     http://books.google.co.in/books/about/Stare_Decisis_and_the_WTO_Adjudication.html?i
    d=RIFfMgAACAAJ&redir_esc=y

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