Every Research Design Should Have the Potential - Case Study Example

Critical analysis: Research design of a journal article Introduction: The selection of an appropriate research method, driven by the research question, and the exposure and depth of knowledge in the area being studied, is critical for the success of any research project. Every research design should have the potential to uncover new information about the topic selected and the researchers’ intent to uncover profitable information from that research. Successful culmination of a research depends on the focus of research question, design of the measurement strategy for important concepts embedded within the research question, designing the research study to answer the questions posed, presentation of the results of research study using simple and appropriate techniques, preparation of tables and graphs in a persuasive manner. The subject under review is a journal article by Meredith Kolsky Lewis (2006) titled “The Lack of Dissent in WTO Dispute Settlement.” In the introduction the researcher states that “this article explores the issue in detail by examining the lack of dissent in WTO jurisprudence and concluding that the seeming unanimity of the decisions should be a cause for concern rather than celebration” (Lewis 2006, p. 896). The hypothesis states “Dissents can and do make a difference. Keeping the lid on dissents may ultimately erode the strength of the dispute settlement system and hinder the ability of the WTO Members to make appropriate changes to the Agreements” (ibid: Abstract. p. 895). This prompts the readers to critically analyze how far the researcher succeeded in establishing the hypothesis as well as the worth of the research approach in arriving at a final conclusion that may be useful for the improving performance of WTO. Research Approaches and strategy: Before attempting any analysis of the article we should remember that criticisms are abound in research studies, and is argued that majority of surveys lacked a clear focus, employed sloppy methodology, and displayed partisanship. Methodological inadequacies, including procedures adopted to select the journal sample, the categories employed for analysis, and validity of the conclusions reached attribute mainly for the poor turn out of research papers. This researcher claims that “the fact that WTO disputes have been resolved almost entirely without dissenting opinion has garnered little scholarly attention,” which reflects the generalised view of the researcher that require an impartial study of the case (p. 896 ibid). Thus, current analysis of the research paper, “The Lack of Dissent in WTO Dispute Settlement.” has to be carried out in the perspective of criticism raised by scholars about unethical research approaches as well as the views expressed in the journal article of review. Genre of the Research article: Among the many genres of journal articles the present research paper, on the basis of first hand impression, may be classified as a descriptive paper. A descriptive paper is one that makes an original assertion about some fact. One could argue that a particular law emerged because of the influence of interest groups or that a particular law is likely to cause people to behave in some way, not anticipated by its drafters. As research conducted to develop a theory is called the ‘grounded theory approach, this research article is not an outcome of ‘grounded theory approach. The topic has already been researched by John McCall Smith, John Greenwald, John Ragosta et al, Claus-Dieter Ehlermann, etc, and conclusive evidence provided in different situations, as it is seen from the foot note No. 3 to the article (p.896). It establishes the identity of the discipline discussed in the article as a descriptive paper. The article adopts quantitative analytical method of empirical data analysis for drawing conclusions with respect to dissenting and concurring opinions at the panel level and Appellate Body levels of WTO. At the same time qualitative approach is also predominant as the support material for arriving at final conclusion is based on numerous literary articles. The basic distinction between empirical and non-empirical research and quantitative and qualitative empirical research are highly problematic. Empirical research methods are a class of research methods in which empirical observations or data are collected in order to answer particular research questions, primarily in academic research. Empiricism, in philosophy, is a doctrine that affirms that “all knowledge is based on experience, and denies the possibility of spontaneous ideas or a priori thought. The term “empirical law” is applied to those laws that express relationships observed to exist among phenomena, without implying the explanation or cause of the phenomena (Empiricism. 2007). Basic framework of a Research paper: Empirical research normally begins with some priori theory, or a supposition based on past knowledge. The researcher develops and tries to test the theory he/she expounded, possibly refines it, which helps explain or predict what happens in the world pertaining to particular topical subject. Empirical research methods are divided into two categories of Quantitative and Qualitative method. In Quantitative research method data in the form of numbers, known as numerical data, are collected and analysed using statistical methods. Under Qualitative research data in the form of images, texts, vocal recordings, etc. drawn from observations, interviews and documentary evidence are analysed using qualitative data analysis methods. First stage in any research is formulating research question(s), which may include arguments for and/or against the hypothesis. For an empirical test, the research question will have to be modelled into a theoretical model based on literature analysis, consisting of theoretical constructs (latent variables), causal relationships and measures (observed variables). The theoretical model forms the basis, both for collecting and analysing data, and may be modified as a consequence of the research development. A hypothesis defines an expected relationship between variables which can be empirically tested. Empirical evidence and supporting factors: The empirical evidence show that “since the WTOs inception, less than 6% of panel reports and less than 2% of Appellate Body reports have included dissenting opinions” (p. 899). It is stated that least turn out of dissents is a reflection of concerted effort on the part of the members of the Appellate body to reach consensus whenever possible. This view point is supported by the view point of James Bacchus, former Chairman of the Appellate Body, and argument that the original members of the Appellate Body made a conscious decision to avoid dissent, knowing that the members are not required to do so. However, an important question raised in the article “whether Appellate Body Members have actually always become convinced of the majority’s view, or whether on occasion members have stood in silent disagreement with a portion of the decision” clearly indicates the rational out look of the writer. In addition the article point out that members of International Court of Justice (ICJ) are permitted to present dissent and ICJ is criticized for having ideological factions amongst its judges, which is considered as the major factor leading to high level of dissent in ICJ verdicts. The lack of dissent and overwhelming unanimity of panel and Appellate Body decision is also viewed as matter of concern and reflection of WTO’s failure to maintain transparency. Another valid point is apprehensions among developing countries as the unanimous decision of an international body may be viewed as monolithic edicts that do not reflect their concerns. Numerous examples cited in the article substantiate the writer’s argument that expressing dissent highly motivates transparency in judicial dealings in particular, and support benefits of dissent in general. The article argues that dissents are valuable in general, and assesses whether more dissents would be a positive for the WTO. It then reviews the few dissents that have been published, and demonstrates that 50% of the arguments raised in dissents at the panel level were adopted in whole or in part on appeal by the Appellate Body. It may be worth noting that the World Trade Organization (WTO) came into effect on 1st January 1995 on the basis of negotiations reached at the conclusion of the Uruguay Round in 1993 and the Ministerial Meeting at Marrakesh, Morocco in April 1994, and as a successor to the “GATT 1947” (World Trade Organisation. 2002). Article 17 of the WTO Legal Texts provide the constitution, terms of reference, composition, and nature of cases to be taken up for review of the Appellate Body, as well as limitations of legal issues to be covered by it (p. 366-67). Article 11-Consultations and Dispute Settlement states that, “provisions of Articles XXII and XXIII of GATT 1994, as elaborated and applied by the Dispute Settlement Understanding shall apply to consultations and the settlement of disputes under this Agreement, except as otherwise specifically provided therein” (World Trade Organisation. 2002, p. 64). A panel, when it deems is appropriate, should establish an advisory technical expert group in consultation with the parties to the dispute, and seek the expert’s advice when the disputes are involving scientific or technical issues. “Where a panel report is appealed, the Appellate Body shall issue its decision within 30 days from the date when the party to the dispute formally notifies its intention to appeal” (World Trade Organisation. 2002, p.234). In this article it is perceived that consensus among Appellate members will dilute the purpose and aim of the WTO and weaken the fair and impartial legal authority of this world body, as envisioned by the founders. Dissents from panel members may ultimately erode the strength of the dispute settlement system and hinder the ability of WTO members to make appropriate changes suitable to the just and equitable demand of the members. It concludes that “the enduring legitimacy of the dispute settlement panels and Appellate Body may be damaged if, going forward, the pressure not to speak separately remain in place.” (P. 930). It also suggest that the working procedure of DSB should be amended to remove negative references, and provide members of Appellate Body with maximum independence, as well as do away with the ‘consensus at all costs’ mentality. All the literature reviews provided in the article and empirical evidence included in the beginning literally confuses its genre. But, it is a combination of a little bit of quantitative and majority of qualitative research paper in the line of empirical analysis. It makes the article complex and the research strategy adopted has achieved to establish its goal. Bibliography Empiricism. (2007). [online]. Encarta. Last accessed 31 December 2007 at: http://encarta.msn.com/encyclopedia_761554946/Empiricism.html Lewis, Meredith Kolsky., 2006. The Lack of Dissent in WTO Dispute Settlement. Journal of International Economic Law 9(4). P. 895-931. World Trade Organization. 2002. The Legal Texts: The Results of the Uruguay round of Multilateral Trade Negotiations. Cambridge: Cambridge University Press. P.234. Read More