How WTO Dispute Settlement Succumbed to the Trump Administration
30 Pages Posted: 17 Dec 2019
Date Written: December 17, 2019
The death of the WTO Appellate Body strikes a punishing blow to the WTO and stands as a signal accomplishment of the Trump Administration. Although the absence of an Appellate Body will not necessarily bring down the entire WTO dispute system, such an outcome may occur. This paper chronicles the key moments in the US government’s attack on WTO dispute settlement and the Appellate Body since 2016 by republishing the author's Blog posts over the past four years about the Appellate Body. One of the developments covered is the author’s efforts in 2017 to promote a rescue plan to stave off the attacks of the Trump Administration. The paper shows how the author's attempt to rescue the Appellate Body was spurned by the Appellate Body.
Keywords: International trade law, appellate courts, international law, judicial selection, WTO dispute settlement, WTO appellate body, USTR, Dispute Settlement Understanding, treaty interpretation, legal precedent. political myth, legal enforceability, immunity, legalization, judicial independence
JEL Classification: F13
Suggested Citation: Suggested Citation