Deep vs shallow integration — difference?
Deep creates shared rules; shallow maintains national autonomy.
Inquisitorial system — role?
Judge actively steers case and produces evidence.
Adversarial system — role?
Parties produce evidence; judge evaluates submissions.
Choice of law — purpose?
Determines which legal system governs a dispute.
Inquisitorial evidence — fit?
Suitable when judge is trusted and active in fact-finding.
Adversarial evidence — fit?
Suitable when parties control evidence and rebuttal.
Externalities — effect?
Applying the same law to parties ensures consistency.
Judge bound by?
Parties' contract; limits how law is applied.
Adverse selection — before?
Principal can't verify qualities before appointment.
Moral hazard — after?
Selected actor may behave against principal’s interests.
Incomplete contracts — central?
Require interpretation and reliance on precedent.
Stare decisis — meaning?
Courts follow prior decisions for continuity.
Precedent — goal?
Ensure legal consistency, not identical outcomes.
Institutional balance — limit?
Prevents courts from legislating and legislatures from judging.
International judges — problem?
Incentives and independence issues due to asymmetric info.
GATT dispute process — first step?
Bilateral consultations between parties.
GATT dispute process — second?
Referral to CONTRACTING PARTIES for decision.
DSU structure — stages?
Panels, appellate review, adoption, compliance, countermeasures.
DSU remedies — sequence?
Withdrawal, then compensation if withdrawal impractical, then suspension.
WTO adjudication — principle?
Compulsory; states must accept decisions, no unilateral self-help.
WTO law as benchmark?
Not generally; only in exceptional cases with explicit WTO reference and EU intent.
EU judicial procedure — chambers?
Default formation for cases; Grand Chamber for complex/high-impact cases.
Urgency procedure — purpose?
Accelerate case handling for time-sensitive harms.
Deep integration — effect?
Harmonizes competition rules across jurisdictions.
Testez vos connaissances avec un QCM de 12 questions sur Adjudication Strategies in International Law.
1. In what order do the DSU objectives prioritize remedies when a violation is found?
2. What is the main idea of a property-rule-style remedy in WTO dispute settlement?
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