Valerie Hughes
- Published in print:
- 2020
- Published Online:
- January 2021
- ISBN:
- 9780198870753
- eISBN:
- 9780191913365
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198870753.003.0016
- Subject:
- Law, Public International Law, Comparative Law
The presence of women on WTO panels and the Appellate Body makes a difference from the perspective of institutional legitimacy. However, given the limited experience with women adjudicators on the ...
More
The presence of women on WTO panels and the Appellate Body makes a difference from the perspective of institutional legitimacy. However, given the limited experience with women adjudicators on the WTO bench and the fact that WTO dispute reports are not signed individually but by all three adjudicators, it is impossible to prove whether women have made a difference by bringing a unique perspective to WTO adjudication. Nevertheless, it is possible to suppose that they would do so for two reasons. First, WTO Members believe that the individual perspective of an adjudicator can inform her or his decision-making, at least in the case of developing country adjudicators. Second, trade policy makers have come to realize that trade policies can affect women and men differently, and hence that developing trade policies requires a gender-based analysis. With this in mind, it is suggested that there is a gender-based approach to WTO adjudication.Less
The presence of women on WTO panels and the Appellate Body makes a difference from the perspective of institutional legitimacy. However, given the limited experience with women adjudicators on the WTO bench and the fact that WTO dispute reports are not signed individually but by all three adjudicators, it is impossible to prove whether women have made a difference by bringing a unique perspective to WTO adjudication. Nevertheless, it is possible to suppose that they would do so for two reasons. First, WTO Members believe that the individual perspective of an adjudicator can inform her or his decision-making, at least in the case of developing country adjudicators. Second, trade policy makers have come to realize that trade policies can affect women and men differently, and hence that developing trade policies requires a gender-based analysis. With this in mind, it is suggested that there is a gender-based approach to WTO adjudication.
Cosette D Creamer and Zuzanna Godzimirska
- Published in print:
- 2020
- Published Online:
- January 2021
- ISBN:
- 9780198870753
- eISBN:
- 9780191913365
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198870753.003.0021
- Subject:
- Law, Public International Law, Comparative Law
This chapter sheds light on the relationship between the composition of the bench and the sociological legitimacy of the judicial branch of the World Trade Organization (WTO). Two identity ...
More
This chapter sheds light on the relationship between the composition of the bench and the sociological legitimacy of the judicial branch of the World Trade Organization (WTO). Two identity characteristics are consistently part of the criticism of the WTO’s bench: the lack of female adjudicators as well as individuals with academic experience. Overall, however, the identity of the bench does not appear to matter greatly for how WTO Members evaluate its exercise of authority. We suggest that the role of the WTO’s Legal Affairs Division and the Appellate Body Secretariat in streamlining outcomes and procedures may best explain this, as it helps prevent such diversity from manifesting in dispute rulings. Alternatively, it tells us that judicial diversity matters more for the bench’s normative legitimacy—and for scholars—than it does for governments.Less
This chapter sheds light on the relationship between the composition of the bench and the sociological legitimacy of the judicial branch of the World Trade Organization (WTO). Two identity characteristics are consistently part of the criticism of the WTO’s bench: the lack of female adjudicators as well as individuals with academic experience. Overall, however, the identity of the bench does not appear to matter greatly for how WTO Members evaluate its exercise of authority. We suggest that the role of the WTO’s Legal Affairs Division and the Appellate Body Secretariat in streamlining outcomes and procedures may best explain this, as it helps prevent such diversity from manifesting in dispute rulings. Alternatively, it tells us that judicial diversity matters more for the bench’s normative legitimacy—and for scholars—than it does for governments.
