Adjudication Strategies in International Law

📋 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