Afterword: Robert Howse and His Critics

The WTO Appellate Body or Judicial Power Unleashed: Sketches from the Procedural Side of the Story

Abstract

<it>The Appellate Body’s overall judicial policy that Robert Howse analyses in his</it> EJIL <it>Foreword article would have been less sustainable and coherent if it were not underpinned by a distinct approach to decision making or, if you will, by a certain ‘procedural sensibility’. This reaction paper contends that there existed, as a complement to, and a cornerstone of, the complex ensemble of judicial policies and decisions analysed by Howse, a procedural judicial policy that played a significant role in facing the legitimacy challenge</it>.