International Studies Quarterly
Generalizable Precedents at the Appellate Body of the World Trade Organization: An Empirical Examination of the Busch–Pelc Conjecture
2025-11-09
Abstracts This study investigates whether court decisions that incorporate strong sentiments are less likely to be cited in subsequent cases than other decisions as a result of low generalizability, as conjectured by Busch and Pelc. The empirical analysis reveals that decisions made by the Appellate Body at the World Trade Organization, featuring both positive and negative language, tend to be cited frequently. This finding remains robust even after controlling for time effects, novelty of issues, judicial activities of reports, outcomes of judgments, and political characteristics of the disputes. This indicates the intriguing aspect of the World Trade Organization as an international court in which rhetorical methods help shape case law through frequent citations.