Dictum on Dicta: Obiter Dicta in WTO disputes
This paper discusses an important legal issue raised by the United States in its recent attempt to block the reappointment of an Appellate Body member. According to the US, in some of his decisions, the member has made overreaching findings that amount to obiter dicta. As obiter dictum is a unique c...
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sg-smu-ink.sol_research-46922020-07-03T09:09:31Z Dictum on Dicta: Obiter Dicta in WTO disputes GAO, Henry S. This paper discusses an important legal issue raised by the United States in its recent attempt to block the reappointment of an Appellate Body member. According to the US, in some of his decisions, the member has made overreaching findings that amount to obiter dicta. As obiter dictum is a unique concept in the Common Law system, the US argument may only stand if the concept may be found in the WTO legal system as well. With a careful analysis of the concept of dicta in Common Law and a close examination of the effects of past panel and Appellate Body decisions in WTO dispute settlement, the paper rejects the US argument by refuting each of the three premises of the US argument, i.e., the WTO legal system based on Common Law; WTO follows stare decisis; and the WTO has rules against dicta. In addition to original contributions on the nature of the WTO dispute settlement system in theory, the article also provides some practical advice on how the controversy may be resolved. 2018-07-01T07:00:00Z text application/pdf https://ink.library.smu.edu.sg/sol_research/2734 info:doi/10.1017/S1474745618000162 https://ink.library.smu.edu.sg/context/sol_research/article/4692/viewcontent/Dictum_on_Dicta__Obiter_Dicta_in_WTO_disputes.pdf http://creativecommons.org/licenses/by-nc-nd/4.0/ Research Collection Yong Pung How School Of Law eng Institutional Knowledge at Singapore Management University International Court of Justice international law World Trade Organization Dispute Resolution and Arbitration International Trade Law |
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International Court of Justice international law World Trade Organization Dispute Resolution and Arbitration International Trade Law GAO, Henry S. Dictum on Dicta: Obiter Dicta in WTO disputes |
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This paper discusses an important legal issue raised by the United States in its recent attempt to block the reappointment of an Appellate Body member. According to the US, in some of his decisions, the member has made overreaching findings that amount to obiter dicta. As obiter dictum is a unique concept in the Common Law system, the US argument may only stand if the concept may be found in the WTO legal system as well. With a careful analysis of the concept of dicta in Common Law and a close examination of the effects of past panel and Appellate Body decisions in WTO dispute settlement, the paper rejects the US argument by refuting each of the three premises of the US argument, i.e., the WTO legal system based on Common Law; WTO follows stare decisis; and the WTO has rules against dicta. In addition to original contributions on the nature of the WTO dispute settlement system in theory, the article also provides some practical advice on how the controversy may be resolved. |
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GAO, Henry S. |
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GAO, Henry S. |
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GAO, Henry S. |
title |
Dictum on Dicta: Obiter Dicta in WTO disputes |
title_short |
Dictum on Dicta: Obiter Dicta in WTO disputes |
title_full |
Dictum on Dicta: Obiter Dicta in WTO disputes |
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Dictum on Dicta: Obiter Dicta in WTO disputes |
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Dictum on Dicta: Obiter Dicta in WTO disputes |
title_sort |
dictum on dicta: obiter dicta in wto disputes |
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Institutional Knowledge at Singapore Management University |
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2018 |
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https://ink.library.smu.edu.sg/sol_research/2734 https://ink.library.smu.edu.sg/context/sol_research/article/4692/viewcontent/Dictum_on_Dicta__Obiter_Dicta_in_WTO_disputes.pdf |
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