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This chapter first discusses how to conceptualize judicial independence and impartiality within the operative categories used in this book's goal-based model. It then examines the conceptual relationship between judicial effectiveness and judicial independence and impartiality, and applies the notion of ‘constrained independence’ to two key prosecutorial decisions adopted during the life of the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda.

Each justice has a unique personality, and it is a theme of this book that the justice's idiosyncratic background and temperament contributes to his or her effectiveness on the Court. “Effectiveness” can refer to many things: the quality of his or her votes, the lasting importance of the justice's written opinions, the ability of the justice to be a collegial member of the Court, or simply how the person adjusts to the challenges of a high-pressure job. This chapter presents an analysis of six justices who served during the last half of the 20th century; these six have been chosen because they reflect different personalities and styles brought to judicial decision-making.

This chapter discusses the concepts of jurisdiction and admissibility. It explores the link between, on the one hand, the potential for goal attainment and, on the other hand, the scope of jurisdictional authority and powers to invoke grounds of admissibility with which international courts have been invested. The final section examines policy considerations employed by international courts when applying their jurisdictional powers and admissibility-related discretion. It argues that the engagement in case selection on either a categorical (jurisdiction) or a case-by-case basis is an important procedural feature of international adjudication, which may contribute to judicial effectiveness.

This chapter argues that judgment-compliance is not a reliable indicator of judicial effectiveness. More specifically, it claims, firstly, that we cannot understand the impact of judgment-compliance on the state of the world without examining the contents of the judgment in question and the nature of the remedies it prescribes; and, secondly, that the significance of judgment-compliance should be understood in the light of its contribution to attainment of international courts goals, such as changing the practices of third parties, resolving disputes, and advancing regime goals. Finally, it argues that contextualizing judgment-compliance in accordance with its contribution to judicial effectiveness may help courts formulate judgments and design remedies in a manner that is sensitive both to the need to increase compliance and to the advancement of goal attainment.

Drawing on the rich social science literature on organizational effectiveness, this chapter puts forth the theoretical and methodological foundations of the WTO Dispute Settlement System (DSS) goal-based effectiveness framework. After discussing the main approaches developed in the social sciences to defining organizational effectiveness, the chapter explains the reasons for selecting the goal-based approach to serve as the basis for the study into the effectiveness of the WTO DSS. The chapter then reviews the central concepts associated with this approach and their application to the world of WTO adjudication, while focusing on organizational goals, goal multiplicity, goal conflict, and goal shifting. Finally, the chapter discusses several methodological determinations that should be made before applying the proposed WTO DSS goal-based effectiveness framework. These include the selection of the goal setters to inform the DSS’s effectiveness analysis, the choice of performance indicators, and the determination of the time frame in which effectiveness is to be measured.

The present chapter concludes the work. It sums up the key findings of the study while discussing the results emerging from a comparative analysis of the three categories of disputes examined throughout the book. The chapter then revisits the central arguments put forth in the book and articulates the lessons to be learned for the study of the goals, operation, and effectiveness of the World Trade Organization (WTO) Dispute Settlement System (DSS), and of international courts more broadly. It also discusses some of the insights to be offered with respect to possible institutional changes or reforms of the WTO DSS, with a view to ensuring the system’s future effectiveness. The chapter closes with several observations that go beyond effectiveness, pertaining to the costs and unintended consequences attendant on more effective and empowered international adjudication.

The introductory chapter begins with a review of the literature on the effectiveness of international courts, with a focus on the World Trade Organization (WTO) Dispute Settlement System (DSS). It then sets out the book’s main objective, which is to offer a multidimensional approach for analysing the effectiveness of the WTO DSS, a goal-based approach that defines DSS effectiveness as the extent to which this adjudicative system attains the goals set for it by the WTO and its Member states. Such an approach not only transcends classic compliance-centred effectiveness models by taking into account the manifold goals entrusted to the DSS, but also enables revelation of the real-life intricacies underlying the DSS’s operation and, consequently, its effectiveness, as these emerge from the multiple, conflicting, and shifting nature of its objectives. After formulating the book’s research agenda and objectives, the chapter provides an overview of the book’s four parts and explains its methodological framework.

The present chapter extends the goal-based analytic framework applied in Parts II and III of the book to an additional category of disputes filed with the World Trade Organization (WTO) Dispute Settlement System (DSS)—those reflecting the growing friction between the WTO’s multilateral trade regime and the network of regional trade agreements (RTAs) proliferating around the globe. Looking at a series of prominent RTA-related cases that came before the WTO DSS, the extensive analysis carried out in this chapter shows that the dynamic reality of goal shifts and goal conflicts experienced within the DSS is not unique to trade-and and perennial disputes. Similar processes can be observed in the histories of other classes of WTO disputes, an analysis of which is likely to disclose different DSS goal-attainment patterns evidencing new goal priorities and trade-offs, and resulting in varying dimensions of judicial effectiveness and ineffectiveness, adjusted to the new operational environments.

The proposed goal-based approach, which ties effectiveness to goals, requires an in-depth inquiry into the question of what aims underlie the World Trade Organization (WTO) Dispute Settlement System (DSS), the spectrum of functions it should play, and the nature of the relations between them. The present chapter maps these multiple aims as prescribed for the DSS by its mandate providers while probing their complementary and contradictory relationships. In so doing, the chapter lays down the substantive building blocks of the WTO DSS’s goal-based effectiveness framework against which the system’s performance is to be evaluated. In analysing the DSS’s goal structure, the chapter begins with the system’s ultimate ends—the overarching purposes the DSS is expected to fulfil in the long-run—which frame the broad mission it is designed to achieve. It then follows with the system’s more specific, intermediate goals, those which serve as means for realizing the former, more general, open-ended objectives.

Recent years have confronted the World Trade Organization (WTO) Dispute Settlement System (DSS) with an intense wave of complex linkage disputes. US-Clove Cigarettes, which stands at the centre of this chapter, serves as the second case study in the investigation into the DSS’s goal-attainment endeavours in this category of WTO disputes. The chapter begins with a review of several jurisprudential milestones leading from the early US-Shrimp, examined in Chapter 5, to the more recent US-Clove Cigarettes, examined here, with a view to portraying the legitimation continuum of which the latter dispute forms a part. The chapter then discusses the intricate legitimacy setting in which US-Clove Cigarettes unfolded and, through a close goal-oriented analysis, shows how the intensified legitimacy concerns aroused shaped the goals pursued by the DSS and the judicial choices made towards their achievement. The chapter concludes by linking the goal-attainment efforts identified to the broader DSS goal-based effectiveness framework advanced in the book.

This chapter engages in an in-depth, legal-empirical analysis of the landmark US-Shrimp dispute, the first case study examined under the category of trade-and disputes. The chapter begins with a short overview of the disputed measure at issue in US-Shrimp. It then discusses the infamous panel ruling rendered in the case and the intense legitimacy challenges the ruling ignited against the backdrop of the mounting criticism levelled at the World Trade Organization (WTO) in the late 1990s. On these foundations, the chapter turns to a comprehensive goal-based reading of the judicial endeavours carried out by the Appellate Body in US-Shrimp along the procedural, substantive, and rhetorical dimensions while tracing the goal shifts and trade-offs struck in the face of the enhanced legitimacy pressures the WTO and its Dispute Settlement System (DSS) confronted in this case. The chapter concludes by tying the goal-achievement patterns identified to the broader DSS goal-based effectiveness framework developed in the book.

The transatlantic Bananas dispute rambled on in the multilateral trade system for almost two decades. The convoluted conflict, standing at the centre of this chapter, provides a useful starting point for studying the goal-attainment efforts exhibited by the World Trade Organization (WTO) Dispute Settlement System (DSS) in perennial disputes, together with the goal-shifting and goal-conflict patterns characterizing such cases. The chapter first provides a brief background of the Bananas case. It then recounts the dispute’s major turning points in the multilateral trading system, and identifies the main factors rendering the conflict so prolonged and resistant to resolution. On these foundations, the chapter turns to a close goal-based reading of EC-Bananas, tracing the DSS’s goal-attainment efforts and the goal shifts marking this lengthy dispute. Thereafter, the chapter examines the resulting conflicts between DSS goals and the mixed, noncompliant outcomes ultimately produced in EC-Bananas, while assessing their ramifications for an analysis of the system’s effectiveness.

With the emergence of the concept of community interests, it appears that international law is entering into a new stage of its development. In this regard, an issue arises whether and to what extent international courts and tribunals can respond to the protection of community interests. Provisional measures prescribed by the International Tribunal for the Law of the Sea (ITLOS) for protecting the marine environment provide an important insight into this subject. Thus this contribution examines ITLOS provisional measures in the context of marine environmental protection focusing on three issues: (1) the role of ITLOS provisional measures in the regulation of marine pollution and conservation of marine living resources, (2) the Tribunal’s manner in which the requirements to prescribe provisional measures are examined, and (3) the effectiveness of ITLOS provisional measures.

Alongside EC-Bananas, the transatlantic trade feud over hormone-fed beef constitutes another informative case study for investigating how the challenges invoked in perennial disputes affect the motivations for and the practice of disputing at the World Trade Organization (WTO), generate shifts and conflicts between the goals of the WTO Dispute Settlement System (DSS), and shape the outcomes it ultimately yields. The chapter first recounts the basic facts of EC-Hormones and the dispute’s major milestones in the multilateral trade system. It then distils the factors that rendered EC-Hormones so resistant to compliance and resolution. On this basis, the chapter turns to an in-depth, goal-based analysis of the dispute, exploring the goal shifting characterizing the DSS’s operation throughout the conflict and the heightened role the system played along the fine line between law and politics. Finally, the chapter examines the mixed outcomes delivered in the case while addressing the goal conflicts those outcomes represent and their implications for the DSS’s effectiveness assessment.

This chapter sets the scene for the analysis of the operation and goal-attainment patterns of the World Trade Organization (WTO) Dispute Settlement System (DSS) in ‘perennial’ disputes, the dispute category at the centre of Part III, which provides another instructive venue for exploring whether and how the unique challenges posed before the DSS in this class of cases shape stakeholders’ expectations from the DSS, shift the emphasis among its various goals, and stimulate trade-offs between them. After discussing the main challenges associated with perennial disputes, the chapter situates these conflicts within the broader historical and institutional context of the multilateral trading system. The chapter then challenges the common appellation of such cases as ‘wrong’ cases due to their heightened prospects of noncompliance, while pointing to the shift away from compliance taking place in such conflicts and the enhanced role the DSS comes to play at the interstice between law and politics, with a view to achieving other organizational objectives.