Agents, Trustees, and International Courts: Nomination and Appointment of Judicial Candidates in the WTO Appellate Body

Scholars have increasingly theorized, and debated, the decision by states to create and delegate authority to international courts, as well as the subsequent autonomy and behavior of those courts, with principal–agent and trusteeship models disagreeing on the nature and extent of states’ influence on international judges. This article formulates and tests a set of principal–agent hypotheses about the ways in which, and the conditions under which, member states are able use their powers of judicial nomination and appointment to influence the endogenous preferences of international judges. The empirical analysis surveys the record of all judicial appointments to the Appellate Body (AB) of the World Trade Organization over a 15-year period. We present a view of an AB appointment process that, far from representing a pure search for expertise, is deeply politicized and offers member-state principals opportunities to influence AB members ex ante and possibly ex post. We further demonstrate that the AB nomination process has become progressively more politicized over time as member states, responding to earlier and controversial AB decisions, became far more concerned about judicial activism and more interested in the substantive opinions of AB candidates, systematically championing candidates whose views on key issues most closely approached their own, and opposing candidates perceived to be activist or biased against their substantive preferences. Although specific to the WTO, our theory and findings have implications for the judicial politics of a large variety of global and regional international courts and tribunals.

Internationalising the Curriculum of International Relations

Peer reviewed

The International Conference Education and Creativity for a Knowledge–based Society – Social and Political Scinces, Communication, Foreign Languages and Public Relations. Vienna, Osterreichish Rumanischer Akademischer Verein, 2012. VIth edition

No abstract.

U.S. citizens imprisoned in Mexico : hearings before the Subcommittee on International Political and Military Affairs of the Committee on International Relations, House of Representatives, Ninety-fourth Congress, first session.

Hearings held April 29, 1975-

Human rights in Nicaragua, Guatemala, and El Salvador : implications for U.S. policy : hearings before the Subcommittee on International Organizations of the Committee on International Relations, House of Representatives, Ninety-fourth Congress, second session, June 8 and 9, 1976.

Includes bibliographical references.

Religious persecution in El Salvador : hearings before the Subcommittee on International Organizations of the Committee on International Relations, House of Representatives, Ninety-fifth Congress, first session, July 21 and 29, 1977.

Mode of access: Internet.

Law of the sea : hearing before the Subcommittee on Oceans and International Environment of the Committee on Foreign Relations, United States Senate, Ninety-fourth Congress, first session, on achievements of the Geneva session of the third United Nations Law of the Sea Conference, May 22, 1975.

Mode of access: Internet.

The Soviet union and international law; a study based on the legislation, treaties and foreign relations of the Union of socialist soviet republics,

Half-title: Bureau of international research, Harvard university and Radcliffe college.

Methane generation from human, animal, and agricultural wastes : report of an ad hoc panel of the Advisory Committee on Technology Innovation, Board on Science and Technology for International Development, Commission on International Relations, National Research Council.

Mode of access: Internet.

Foreign direct investment in the United States : an update : review and analysis of current developments : a report submitted to the Committee on Energy and Commerce, the Committee on Ways and Means, and the Committee on Foreign Affairs of the House of Representatives, to the Committee on Finance, the Committee on Commerce, Science and Transportation, and the Committee on Foreign Relations of the Senate, and to the Joint Economic Committee of the Congress in response to section 3(a) of the Foreign Direct Investment and International Financial Data Improvements Act of 1990.

"January 1995."

Retrospect & prospect; studies in international relations, naval and political.

Mode of access: Internet.

Employment opportunities for students trained in international relations and area studies; a directory of governmental and private enterprises which employ students trained in international affairs.

Includes bibliographical references.