The WTO and Stare Decisis

May 19th, 2008 • Law, Trade

Good quote from Anon200 on IELP Blog, on the recent US – Stainless Steel Appellate Body report criticising the Panel for failing to follow past AB reports.

Here is how I interpret what the AB did here:

MEMO

To: Future Panels
From: The Appellate Body

You really, really should follow prior Appellate Body decisions. It would be quite bad for the system if you do not. But if you’ve got what you think are compelling reasons for not doing so, we understand if you feel you have to go your own way. Bearing in mind, of course, that if you do, we will almost certainly reverse you on appeal. You may think your reasons are pretty good, but if they were really that persuasive we would have gone that way ourselves, hence they are not, in fact, “cogent”.

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Tags: AB, panel, stare decisis, trade law, wto

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