Quiz: Adjudication Strategies in International Law — 12 perguntas

1. In what order do the DSU objectives prioritize remedies when a violation is found?

A. Suspension first, then compensation, and withdrawal only if the parties later agree

B. Withdrawal of the measure first, compensation only if withdrawal is impracticable, and suspension as a last resort

C. Compensation first, then withdrawal if the respondent refuses to pay, and suspension only at the outset

D. Any remedy may be chosen immediately without preference among them

Answer: (B)

Explicação

The DSU objectives prioritize a mutually acceptable solution, then withdrawal of the offending measure, then compensation only if withdrawal is impracticable, with suspension as a last resort. That sequence makes withdrawal the primary remedy.

2. What is the main idea of a property-rule-style remedy in WTO dispute settlement?

A. It replaces the dispute with a negotiated political compromise

B. It aims to restore the status quo ante rather than treat the violation mainly as a quantified damages problem

C. It mainly awards monetary damages to compensate for proven loss

D. It leaves the unlawful measure in place but adds a fine

Answer: (B)

Explicação

Property-rule logic focuses on restoring the pre-illegality situation, which is closer to withdrawal than to damages. Liability-style remedies instead center on compensation for harm.

3. What is the key institutional feature of WTO dispute settlement regarding enforcement?

A. It allows each state to enforce its own preferred outcome through unilateral retaliation

B. It gives private actors direct standing to enforce trade rules in the WTO

C. It uses compulsory adjudication and discourages unilateral self-help while a formal process is available

D. It replaces legal adjudication with purely diplomatic bargaining

Answer: (C)

Explicação

WTO dispute settlement is designed to replace unilateral retaliation with a rules-based and compulsory adjudicatory process. Self-help is discouraged because it would undermine the common trading environment.

4. Which procedural feature best describes EU judicial procedure in terms of chambers, the Grand Chamber, and urgency?

A. Urgency is used only after final judgment to reconsider the merits

B. Chambers are reserved for the most politically sensitive cases, while the Grand Chamber handles routine matters

C. Every case must be heard by the Grand Chamber before any chamber can act

D. Many cases are heard in chambers, the Grand Chamber is reserved for selected high-scrutiny cases, and urgency speeds cases where delay could cause serious harm

Answer: (D)

Explicação

The CJEU commonly sits in chambers, uses the Grand Chamber for selected cases needing heightened attention, and applies urgency when waiting for a normal timetable would risk serious harm. The other options reverse the procedural roles or timing.

5. In principal-agent terms, what is the main incentive problem when judges are selected and then decide cases?

A. The principal cannot fully observe the agent’s behavior, so the agent may pursue its own incentives after appointment

B. The principal can perfectly monitor the judge, so incentives are not relevant

C. The main problem is only that judges cannot be removed quickly enough

D. The judge always shares the principal’s interests once appointed

Answer: (A)

Explicação

Principal-agent theory emphasizes that once tasks are delegated, the agent’s incentives may diverge from the principal’s goals under asymmetric information. The other answers deny or trivialize that delegation problem.

6. What does the idea of de facto follow most closely capture in the treatment of precedent?

A. Courts rely on earlier decisions as guidance to preserve continuity, even without formally binding stare decisis

B. Precedent matters only for factual issues, not legal reasoning

C. Lower courts may freely disregard all prior decisions without explanation

D. Courts must mechanically repeat every prior outcome in every new case

Answer: (A)

Explicação

The material treats precedent as a practice of continuity and consistency rather than strict binding force under stare decisis. Courts may follow earlier decisions in practice even when they are not formally bound in the same way.

7. What is the basic DSU sequence for resolving a WTO dispute?

A. A compliance panel automatically replaces the original panel without any prior ruling

B. The DSB first adopts a settlement, then a panel is created only if both parties agree

C. A panel hears the case, the report may be reviewed on appeal, and the result is then adopted by the DSB

D. The Appellate Body hears the case before any panel is formed

Answer: (C)

Explicação

The DSU structure runs from panel proceedings to possible appellate review and then adoption by the DSB. Compliance panels and later proceedings are separate steps that may arise after the initial report.

8. Why do incomplete contracts increase the importance of judges and interpretation?

A. Because future contingencies cannot all be specified in advance, so later interpretation must fill gaps

B. Because the only role of judges is to rewrite the contract to fit new preferences

C. Because interpretation becomes unnecessary once a contract is signed

D. Because parties can fully specify every future dispute if they draft carefully enough

Answer: (A)

Explicação

Incomplete contracts cannot anticipate every contingency, so judges must interpret and fill gaps when disputes arise. Precedent and interpretive methods become important precisely because the contract is incomplete.

9. What best distinguishes deep integration from shallow integration in international economic governance?

A. Deep integration preserves national policy autonomy, while shallow integration harmonizes competition rules across jurisdictions

B. Deep integration harmonizes competition rules across jurisdictions, while shallow integration preserves national policy autonomy subject to non-discrimination

C. Deep integration requires judges to produce evidence, while shallow integration leaves evidence to the parties

D. Deep integration depends on compulsory appellate review, while shallow integration depends on voluntary consultations

Answer: (B)

Explicação

Deep integration is about shared market rules and harmonized competition conditions, whereas shallow integration keeps national autonomy but requires non-discrimination across jurisdictions. The other options mix this up with procedural or adjudicatory features.

10. Why are international judges often associated with conservative interpretation?

A. Because they face information limits and institutional balance concerns, which make restrained interpretation more credible than activism

B. Because they are required to maximize retaliation against losing parties

C. Because they are free to ignore prior reasoning whenever they prefer

D. Because consensus in international law eliminates any need for interpretation

Answer: (A)

Explicação

The material links conservative interpretation to information limits, independence concerns, and the need to respect institutional balance. Activist overreach would create discretion and weaken credibility.

11. What is the main judicial limit associated with choice of law and interpretation in this framework?

A. The judge can ignore the parties' contract whenever interpretation is uncertain

B. The judge may freely select any legal system if doing so improves efficiency

C. The judge must respect the mandate and cannot apply legal rules outside what the parties or the treaty framework allow

D. The judge must always replace treaty text with general equity principles

Answer: (C)

Explicação

Choice of law is constrained by the judge’s mandate, and contractual commitments also limit how governing law is applied. The distractors incorrectly suggest open-ended judicial freedom or abandonment of legal text.

12. How does an inquisitorial system differ from an adversarial system in the production of evidence?

A. Parties produce evidence in an inquisitorial system, while the judge mainly evaluates evidence in an adversarial system

B. The judge actively steers the case and can obtain evidence in an inquisitorial system, while parties mainly present evidence in an adversarial system

C. Both systems require the judge to remain passive and wait for party submissions

D. Both systems rely on the same evidence structure, but differ only in the available remedies

Answer: (B)

Explicação

In an inquisitorial system, the judge can guide the case and actively gather evidence; in an adversarial system, the parties are responsible for presenting evidence and the judge mainly evaluates it. The other choices reverse or distort that distinction.