Adjudication Strategies in International Law

From the study guide

Course Outline

  1. Deep versus shallow integration and adjudication
  2. Inquisitorial versus adversarial evidence production
  3. Choice of law and judicial interpretation limits
  4. International judges and conservative interpretation
  5. Principal agent view of judges and incentives
  6. Incomplete contracts and judicial role
  7. Precedent, consistency, and de facto follow
  8. DSU structure: panels, appellate review, adoption
  9. WTO dispute settlement: compulsory adjudication and no self-help
  10. DSU objectives: withdrawal, compensation, suspension
  11. Property versus liability remedies in WTO
  12. EU judicial procedure: chambers, grand chamber, urgency

1. Deep versus shallow integration and adjudication

Key Concepts & Definitions

  • Deep integration: Deep integration creates shared market rules by harmonizing competition conditions across jurisdictions.
  • Shallow integration: Shallow integration keeps national policy autonomy while requiring non-discrimination across jurisdictions.
  • Inquisitorial system: An inquisitorial system gives the judge authority to steer the case and actively produce or obtain evidence.
  • Adversarial system: An adversarial system relies on parties to present evidence, with the judge mainly evaluating what the parties submit.
  • Choice of law: Choice of law is the mechanism that determines which legal system governs a dispute.

Essential Points

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Practice quiz preview

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?

3. What is the key institutional feature of WTO dispute settlement regarding enforcement?

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Flashcard preview

Deep vs shallow integration β€” difference?

Deep creates shared rules; shallow maintains national autonomy.

Inquisitorial system β€” role?

Judge actively steers case and produces evidence.

Adversarial system β€” role?

Parties produce evidence; judge evaluates submissions.

Choice of law β€” purpose?

Determines which legal system governs a dispute.

Inquisitorial evidence β€” fit?

Suitable when judge is trusted and active in fact-finding.

Adversarial evidence β€” fit?

Suitable when parties control evidence and rebuttal.

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Frequently asked questions

What does the Adjudication Strategies in International Law study guide cover?

It covers the core concepts of Adjudication Strategies in International Law, organized by topic with the key definitions, explanations and takeaways, so it's easier to learn and remember.

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How many questions are in the Adjudication Strategies in International Law quiz?

The practice quiz has 12 multiple-choice questions, each with an explanation. Use it to check what you know and find your gaps.

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How do I study Adjudication Strategies in International Law with flashcards?

There are 24 flashcards on Adjudication Strategies in International Law, with a question on the front and the answer on the back. Try to recall each answer before you flip, and let spaced repetition bring back the ones you miss.

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