Populism, Backlash and the Ongoing Use of the World Trade Organization Dispute Settlement System: State Responses to the Appellate Body Crisis

(2020) 35 Maryland Journal of International Law (forthcoming)

ANU College of Law Research Paper No. 20.13

15 Pages Posted: 24 Jun 2020

Date Written: May 2020

Abstract

Since 2017, World Trade Organization (‘WTO’) Member States have been unable to reach a consensus on Appellate Body (‘AB’) appointments and reappointments. The United States is spearheading a populist backlash against procedural and substantive aspects of the dispute settlement system of the WTO. As a consequence of this, the AB is now facing an unprecedented crisis. The jewel in the crown of the WTO dispute settlement system will be missing: yet countries are still bringing complaints. This paper considers US actions through the framing of populism and backlash, and assesses responses from other countries.

Keywords: World Trade Organisation, Dispute Settlement System, Populism

Suggested Citation

Saunders, Imogen, Populism, Backlash and the Ongoing Use of the World Trade Organization Dispute Settlement System: State Responses to the Appellate Body Crisis (May 2020). (2020) 35 Maryland Journal of International Law (forthcoming), ANU College of Law Research Paper No. 20.13, Available at SSRN: https://ssrn.com/abstract=3630727

Imogen Saunders (Contact Author)

ANU College of Law ( email )

Canberra, Australian Capital Territory 0200
Australia

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