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Record W3122775866

The WTO Appellate Body's Exercise of Judicial Economy

2009· article· en· W3122775866 on OpenAlexaff
Alberto Alvarez-Jiménez

Bibliographic record

VenueSSRN Electronic Journal · 2009
Typearticle
Languageen
FieldSocial Sciences
TopicWorld Trade Organization Law
Canadian institutionsUniversity of Ottawa
Fundersnot available
KeywordsAdjudicationAppealPolitical scienceSettlement (finance)ParagraphLawScope (computer science)Law and economicsJudicial reviewBusinessEconomics
DOInot available

Abstract

fetched live from OpenAlex

The concept of judicial economy is well accepted in World Trade Organization (WTO) litigation, and it stands for the proposition that WTO panels do not need to rule on every single claim made by complaining parties, only on those required to settle the dispute in question. However, little has been discussed about the possibility of the Appellate Body's; exercising judicial economy itself. Article 17.12 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) seems to prevent the existence of judicial economy at the appeal level by providing that ‘the Appellate Body shall address each of the issues raised in accordance with paragraph 6 during appellate proceeding’. However, despite this understanding of the scope of Article 17.12, held by some of the original members, the Appellate Body began freeing itself from a strict reading of this provision, and in its report in United States - Subsidies on Upland Cotton, without any these members on the bench, made a clear statement in this regard. The article illustrates the types of judicial economy the Appellate Body is exerting, highlights its exceptional character and shows its implications for parties and for the adjudication of WTO disputes.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.018
metaresearch head score (Gemma)0.031
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.018
Threshold uncertainty score0.095

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0180.031
Meta-epidemiology (narrow)0.0000.001
Meta-epidemiology (broad)0.0010.001
Bibliometrics0.0010.002
Science and technology studies0.0070.016
Scholarly communication0.0150.007
Open science0.0020.005
Research integrity0.0180.011
Insufficient payload (model declined to judge)0.0040.002

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.004
GPT teacher head0.243
Teacher spread0.238 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designNot applicable
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations0
Published2009
Admission routes1
Has abstractyes

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Same venueSSRN Electronic JournalSame topicWorld Trade Organization LawFrench-language works237,207