Purpose
– The purpose of this paper is to assess the success of the world trade organisation (WTO) dispute settlement system and its transferability to other fora.
Design/methodology/approach
– The paper compares the design and case law of trade and investment law, and seeks lessons for the settlement of trade and investment disputes in other fora.
Findings
– It concludes that despite its shortcomings, the WTO Appellate Body provides vital stability regarding legal interpretations, something notably absent from other fora.
Originality/value
– The paper offers the perspective of a former Member and Chairman of the WTO Appellate Body on the success of the dispute settlement system.
In 2016, the US objected to the reappointment of a member of the WTO Appellate Body, ‘accusing’ him inter alia of having participated in a decision where the Appellate Body had indulged in unnecessary analysis in the nature of obiter dicta. Henry Gao has used the occasion to investigate, with a fresh approach, the very concept of obiter dicta in international jurisprudence.
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