Is there a doctrine of 'stare decisis' in international trade and international investment law? From a positive law perspective, the answer is a definite no. However, as many scholars have observed, in practice, there has been a strong level of deference from the Appellate Body to its previous rulings, but less so from investment tribunals. Using social network analysis to assess actual citations from the Appellate Body Reports and investment arbitrations from the inception to the current time, this paper examines the evolution and 'status quo' of citation networks in international trade and international investment arbitrations. It asks, not only whether there is a 'de facto' rule of precedent in the two regimes, but also when it occurs and how the development links with the institutional design of dispute settlement. The results show how the doctrine of 'stare decisis' diverges in international trade and international investment, as well as the importance of institutional design in shaping and constraining the behaviors of tribunals.
The dynamism of emerging economies in recent years has sparked an impressive shift in economic power and in growth expectations from West to East and from North to South. The rise of new players has made the increasingly integrated and multipolar world even more complex. It has also posed many questions in regard to the existing model of global governance, including the WTO Dispute Settlement System. Gaining an importance in the world economy, how have new economic powerhouses fared in the System? This paper focuses on systematically significant emerging economies forming a part of the G20. Increasing involvement of the majority of these countries in the WTO Dispute Settlements can serve as evidence of their increasing role in comparison to the old GATT. However, what lies behind those numbers? The paper takes an empirical approach, describing participation levels of G20 emerging countries in the WTO Dispute Settlement based on statistical analysis. It will also look at what triggers participation as complainants domestically. Further, it will assess the precedential impact of WTO reports where G20 emerging countries were involved.
