ABSTRACT
This chapter outlines a more realistic and nuanced view, based on law and economics analytical techniques. It suggests the reasons why dispute resolution could be the appropriate place to determine profound issues and a way to predict when these issues might better be determined through more specific legislative action. The chapter describes the role of dispute resolution in the international trade law system. In order to do so, the chapter first analyzes the function and vocation of World Trade Organisation (WTO)dispute resolution. Second, it examines two related analytical techniques of law and economics to attempt to suggest the reasons for the assignment of competences to WTO dispute resolution, as opposed to WTO legislation. From a more critical standpoint, it might be argued that allocation of authority to a transnational dispute resolution body by virtue of standards can be used as a method to integrate sub rosa, and outside the visibility of democratic controls.
