WTO Dispute Settlement Mechanism Without the Appellate Body: Some Observations on the US-China Trade Deal

Forthcoming (2020) 2 Journal of International Trade and Arbitration Law

UNSW Law Research Paper No. 20-4

9 Pages Posted: 6 Feb 2020 Last revised: 30 Apr 2020

See all articles by Weihuan Zhou

Weihuan Zhou

University of New South Wales (UNSW) - Faculty of Law

Date Written: January 1, 2020

Abstract

The paralysis of the Appellate Body (‘AB’) has significant ramifications for the effective functioning of WTO’s dispute settlement mechanism (‘DSM’). It remains unclear how WTO Members will utilise the various options in resolving disputes in the absence of the AB. The recently-concluded US-China Phase One trade deal adds more uncertainties about the future of the DSM and the multilateral trading system in general. It is hoped that the two giant powers can turn their confrontation into cooperation and bridge their divergences through the creation of new and better rules on international trade and dispute settlement so as to lay the groundwork for multilateral negotiations.

Keywords: Appellate Body, dispute settlement mechanism, WTO, World Trade Organization, international trade, Phase One, US, China, US-China

Suggested Citation

Zhou, Weihuan, WTO Dispute Settlement Mechanism Without the Appellate Body: Some Observations on the US-China Trade Deal (January 1, 2020). Forthcoming (2020) 2 Journal of International Trade and Arbitration Law, UNSW Law Research Paper No. 20-4, Available at SSRN: https://ssrn.com/abstract=3532212 or http://dx.doi.org/10.2139/ssrn.3532212

Weihuan Zhou (Contact Author)

University of New South Wales (UNSW) - Faculty of Law ( email )

Kensington, New South Wales 2052
Australia
+61 2 90652102 (Phone)

HOME PAGE: https://www.law.unsw.edu.au/staff/weihuan-zhou

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