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International Adjudication on TrialThe Effectiveness of the WTO Dispute Settlement System$
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Sivan Shlomo Agon

Print publication date: 2019

Print ISBN-13: 9780198788966

Published to Oxford Scholarship Online: October 2019

DOI: 10.1093/oso/9780198788966.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 23 October 2021

Reconceptualizing Judicial Effectiveness at the WTO

Reconceptualizing Judicial Effectiveness at the WTO

Towards a Goal-Based Approach

(p.23) 1 Reconceptualizing Judicial Effectiveness at the WTO
International Adjudication on Trial

Sivan Shlomo Agon

Oxford University Press

Drawing on the rich social science literature on organizational effectiveness, this chapter puts forth the theoretical and methodological foundations of the WTO Dispute Settlement System (DSS) goal-based effectiveness framework. After discussing the main approaches developed in the social sciences to defining organizational effectiveness, the chapter explains the reasons for selecting the goal-based approach to serve as the basis for the study into the effectiveness of the WTO DSS. The chapter then reviews the central concepts associated with this approach and their application to the world of WTO adjudication, while focusing on organizational goals, goal multiplicity, goal conflict, and goal shifting. Finally, the chapter discusses several methodological determinations that should be made before applying the proposed WTO DSS goal-based effectiveness framework. These include the selection of the goal setters to inform the DSS’s effectiveness analysis, the choice of performance indicators, and the determination of the time frame in which effectiveness is to be measured.

Keywords:   organizational effectiveness, goal-based approach, international courts, WTO DSS, judicial effectiveness, organizational goals, outcomes, goal multiplicity, goal conflict, goal shifting

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