Rewriting precedent

Organised by

• Robert Schuman Centre for Advanced Studies
• the Robert Schuman Centre Seminar Series

International cooperation depends on adaptation to changing conditions. International dispute settlement bodies can play a key role in keeping cooperation overtime. Evidence suggests that when legal bodies successfully adapt the law through the reinterpretation of rules, they can promote state compliance. However, this process is incremental and may not happen quickly enough, which can lead to backlash against international courts. In this article, Sergio Puig, Jeffrey Kucik and Lauren Peritz analyse these dynamics at the World Trade Organization (WTO), the global institution regulating international trade. Relying on data and case studies they show how the Appellate Body modified their interpretations to promote compliance. Because this cannot happen in every dispute, the WTO illustrates the tensions between consistency and adaptation faced by legal institutions.