Standards of Appellate Review in International Dispute Settlement Current Use and Conceptual Challenges

Open Access
Authors
Publication date 06-2025
Journal The Law and Practice of International Courts and Tribunals
Volume | Issue number 24 | 1
Pages (from-to) 103-123
Organisations
  • Faculty of Law (FdR) - Amsterdam Center for International Law (ACIL)
Abstract
A recurrent challenge in the design of appellate mechanisms in international dispute settlement is how to enable meaningful supervision while preventing a complete repetition of proceedings. This article assesses the use of standards of review as a tool to restrain appellate review. It discusses the standards applied in the WTO, the ICJ, and a potential future investor-state appeals tribunal. The article finds that restrictive standards of review are not frequently used in second-tier mechanisms of international dispute settlement, and identifies two reasons for this absence. First, restrictive standards of review may interfere with the appellate reviewer’s objective of ensuring consistency among first-instance decisions. In addition, standards of review rarely provide clear benchmarks indicating when an appellate reviewer should overturn a decision. This may increase the complexity of second-tier proceedings as parties will engage in preliminary debates about the correct interpretation and application of the standard of review.
Document type Article
Language English
Published at https://doi.org/10.1163/15718034-bja10136
Downloads
lape-article-p103_6 (Final published version)
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