Deliberative Engagement within the World Trade Organization – University of Copenhagen

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29 April 2016

Deliberative Engagement within the World Trade Organization

Zuzanna Godzimirska publishes with Cosette Creamer in N.Y.U. J. of Int'l Law & Politics

Zuzanna Godzimirska publishes the article Deliberative Engagement within the World Trade Organization: A Functional Substitute for Authoritative Interpretations co-authored with Cosette Creamer in New York University Journal of International Law & Politics, Vol. 48(2) 2016, p. 413-461.

The article proposes a functional substitute for the mechanism of authoritative interpretations, namely increased input from Members in the form of statements within meetings of the WTO Dispute Settlement Body prior to adoption of dispute settlement rulings by panels and the Appellate Body. While the mechanism of authoritative interpretations theoretically provides the WTO’s political bodies with an opportunity to respond to interpretations or practices of its adjudicative bodies that are perceived to be at odds with governments’ intention, will, or preferences, to date it remains unused. This causes a predicament for the WTO’s political organs and deprives the DSM of constructive normative guidance from its primary constituents: its Members. The article argues that an increase in Member statements would better enable the DSM to consider the interpretive preferences of the WTO membership as a whole, thus enabling it to better fulfill its fiduciary duties and its responsibility of deliberative engagement with Members in particular. The article specifies how the proposal would work in practice and addresses potential limitations and obstacles to its implementation. 

The final version will be available here: http://nyujilp.org/print-edition/