Between Litigation and Legislation: The WTO as the Missing Middle

Abstract

While the negotiation and adjudicative functions of the WTO have been naturally a focus of much attention, the work of the Standing Committees and the transparency mechanisms in the WTO have been less studied. Yet, with the current impasse in negotiating new rules in the WTO and the blocking of new Appellate Body appointments, this third pillar remains active and has indeed always supported the development of the international trade regime. The Standing Committees have provided a forum for discussion and implementation of the rules as well as a cognitivist community for the development of new rules and procedures mainly by sharing information. They therefore often achieved regulatory cooperation through transparency.