Professor Hudec’s “Techniques of the Diplomat’s Jurisprudence”: Does It Still Apply?

Abstract A “diplomat’s jurisprudence” was the label Professor Robert E. Hudec gave to the GATT, referring to the avoidance of legally binding commitments by its negotiators. Other nicknames (the “General Agreement to Talk and Talk” for example) were not so flattering. However, since 1995, the WTO (into which the GATT was absorbed) and its members have been involved in cleaning up that image in the way of giving the organization a legal, rules based foundation. This article examines the Hudec concept of the “diplomat’s jurisprudence” and the origins of the GATT, evaluates the organization’s evolution from its rudimentary beginnings, then determines the role of the diplomat’s jurisprudence in the modern WTO environment.