Assistants in International Dispute Settlement : Navigating Legitimacy

This book examines the role of actors who support adjudicators at various stages of the dispute resolution process, comparing their functions across some 20 international dispute systems. Referred to as ‘Dispute Assistants’, they include legal officers, référendaires, jurisconsults, and other registry or secretariat staff. Their functions are studied through doctrinal research, supplemented by discussions with relevant actors, so as to capture their actual influence on the adjudication process. The book highlights the widespread nature of their contribution. It also addresses legitimacy concerns about their potential undue influence on the mandate of adjudicators, drawing on case law, critiques from states, scholars, practitioners, and informal interviews with insiders. The last part of the book focuses on the WTO; inspired by various practices in other systems, it offers suggestions to address concerns over the quality and credibility of dispute actors, and to enhance the legitimacy of the WTO DSS and other systems.