The Emergence of the Doctrine of Stare Decisis in the World Trade Organization Dispute Settlement System

Abstract

It is widely held that the common law doctrine of stare decisis, which recognizes judicial decisions as sources of law, applies neither to international law in general nor to World Trade Organization (WTO) law specifically. However, in practice, the WTO’s judicial decision-making processes might be said to manifest some of the key characteristics of the common law doctrine of stare decisis. The present study examines the key values and processes related to stare decisis, including consistency and certainty of law, identification of the ratio decidendi of a case and the rules of vertical and horizontal binding precedent as located within the hierarchy of the courts. The WTO’s institutional and regulatory frameworks, as well as key WTO cases, are considered in examining the extent to which the decision-making processes of the Dispute Settlement Body incorporate the doctrine of stare decisis.