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
9 Pages Posted: 6 Feb 2020 Last revised: 30 Apr 2020
Date Written: January 1, 2020
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
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