The participation deficit in global governance is usually blamed on power politics; we argue it may actually reflect strategic behavior by excluded countries themselves. In the WTO, member-states affected by a trade dispute can join litigation as `third parties' to gain access to otherwise...

Countries can challenge potential trade violations using the WTO's dispute settlement system, yet many policies that appear to violate WTO rules remain unchallenged, even when they have a significant economic impact. Why is this? We argue that the likelihood that a country challenges a...

Third parties complicate WTO dispute settlement by adding voices and issues to a dispute. However, complainants can limit third parties by filing cases under Article XXIII of GATT, rather than Article XXII. Why do some countries make settlement more difficult by promoting third parties? We argue...

The dispute settlement system of the World Trade Organization prides itself on its high degree of judicial independence and the impartiality of its adjudicators. Yet compared to other international tribunals, WTO members exert considerable political control over WTO adjudicators. Contestation...

There is a longstanding debate over the need for a permanent body of panelists at the World Trade Organization (WTO). Put most starkly by the European Communities (EC), the argument is that only full-time jurists would have the experience needed to render ‘better and more consistent rulings'...

The issue of participation has always loomed large in the World Trade Organization. The question is, who is allowed into the room? When it comes to dispute settlement, the issue largely falls under a single mechanism. The one means by which countries other than the litigants can enter the room...