The Judicial Style of the Appellate Body

How adjudicators write their decisions can be enormously important in achieving credibility and acceptance for a tribunal’s decisions. International tribunals, such as the WTO panels and Appellate Body, face greater difficulties than domestic tribunals in developing an individual style. The DSU influences the judicial style of the AB, but does not mandate a particular stylistic approach. The AB’s approach to interpretation under Article 31 of the VCLT and its reliance on the dictionary in its interpretation seems to have contributed to the development of a formalistic writing style and, over time, longer and more complex reports. In addition, the AB has generally eschewed any rhetorical or dramatic flourishes in its writing. The chapter also discusses various factors affecting the style of the AB, includes the textualist approach of the VCLT, differences in spoken languages, differences in legal tradition, the requirement of collegiality, the importance of candour, and the personalities of the adjudicators. Ultimately, the style of a tribunal like the AB may depend mostly on the individual styles of its members.