Does It Matter Who Writes Legal Rulings? It Depends.
Author: Joost Pauwelyn
Does it matter whether rulings delivered by international tribunals are truly written by the adjudicators appointed to the case, as opposed to the permanent staff of a legal bureaucracy working in the background? In his Reply to our EJIL article, ‘WTO Rulings and the Veil of Anonymity’, Armin Steinbach claims there is nothing untoward about unnamed WTO Secretariat staff being the ones technically wielding the pen, so long as adjudicators retain final say over the ruling and its reasoning. In a prior EJIL Talk! post, we showed that international tribunals vary a great deal in their attitudes to this question.…