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The Rule of Lawyers and the Ethos of Diplomats: Reflections on the Internal and External Legitimacy of WTO Dispute Settlement ^*

J.H.H. Weiler ^**

• I. Introduction
• II. The Heritage and Ethos of Diplomacy
  • 1. The "internal" nature of disputes
  • 2. The discrete nature of disputes
  • 3. The intergovernmental nature of disputes
  • 4. The confidential nature of disputes
  • 5. Jurisprudence and Jurists' prudence
• III. The Paradigm Shift-The Rule of Lawyers and the Culture of Law
• IV. Lawyers and Diplomats: The Dissonance
  • 1. Nomenclature
  • 2. The Panel System: Composition and Selection
  • 4. NGOs and Amici Briefs
  • 5. The Role of the Secretariat
  • 6. The Appellate Body

^* In memory of Ray Vernon.

^** Manley Hudson Professor and Jean Monnet Chair, Harvard University. My thanks to Sungjoon Cho for his research assistance as well as to participants in the Jean Monnet Workshop on Advanced Issues in the Law and Policy of the WTO, EU and NAFTA. WWW.JeanMonnetProgram.Org

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© J.H.H. Weiler 2000