An Existential Threat to WTO Dispute Settlement: Blocking Appointment of Appellate Body Members by the United States

16 Pages Posted: 24 Jul 2018

See all articles by David A. Gantz

David A. Gantz

Univ. Of Arizona College of Law; Mexico Center, Baker Institute

Date Written: July 15, 2018

Abstract

The WTO’s Dispute Settlement Mechanism (DSM) is being emasculated by the United States. For almost a year, the United States had blocked appointment or reappointment of Appellate Body (AB) Members, reducing the number of sitting AB Members to four, based on various procedural and substantive objections to Appellate Body practices, some dating from 2002. Should the United States continue to refuse to join a consensus to appoint AB Members through September 2018, the number of sitting Members will be reduced to three. While most cases could still be heard with three judges, the large backlog of complex cases could mean that AB reports—required under the Dispute Settlement Understanding (DSU) to be issued in no more than 90 days after appeal, will continue to take far longer to complete. It is unclear at this writing what the U.S. objectives may be since they have made no concrete proposals for Appellate Body reform. Increasingly, it appears that the United States seeks to destroy the Appellate Body and with it the rules-based international trading system.

Keywords: World Trade Organization, WTO, appellate body, international trade, dispute settlement mechanism,

Suggested Citation

Gantz, David A., An Existential Threat to WTO Dispute Settlement: Blocking Appointment of Appellate Body Members by the United States (July 15, 2018). Arizona Legal Studies Discussion Paper No. 18-26. Available at SSRN: https://ssrn.com/abstract=3216633 or http://dx.doi.org/10.2139/ssrn.3216633

David A. Gantz (Contact Author)

Univ. Of Arizona College of Law ( email )

P.O. Box 210176
Rogers College of Law
Tucson, AZ 85721-0176
United States
520-490-3004 (Phone)

Mexico Center, Baker Institute ( email )

6100 Main Street, MS-40
Houston, TX 77005
United States
520-490-3004 (Phone)

Register to save articles to
your library

Register

Paper statistics

Downloads
346
Abstract Views
1,115
rank
86,887
PlumX Metrics