WTO Case Review 2020

49 Pages Posted: 27 Jun 2022

See all articles by Raj Bhala

Raj Bhala

University of Kansas - School of Law; Dentons U.S. LLP; Bloomberg Quint (India)

David A. Gantz

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

Dukgi Goh

Independent

Eric Witmer

Kansas Supreme Court

Cody Wood

Dentons U.S. LLP

Date Written: June 27, 2022

Abstract

This WTO Case Review is the 21st in our annual series on substantive international trade adjudications issued by the Appellate Body of the World Trade Organization. Each Review explains and comments on Appellate Body Reports adopted by the WTO Dispute Settlement Body (DSB) during the preceding calendar year (1 January through 31 December), excluding decisions on compliance with recommendations contained in previously adopted reports.

In the WTO Case Review 2018, we covered one Appellate Body Report, Brazil - Certain Measures Concerning Taxation and Charges, which was issued in 2018 and normally might have been adopted at the 18 December 2018 DSB meeting, following its issuance on 13 December. Possibly, because of conflict over WTO dispute settlement reform, the DSB did not adopt it until 11 January 2019. For multiple reasons, the future of the multilateral dispute settlement system was in doubt at the time we prepared the 2018 Case Review. Thus, we thought it best to include the Brazil Taxes decision in that Review in the event there were no more adopted decisions to cover, and thus no more Case Reviews.

As the 2019 Case Review attested, there were subsequently adopted Appellate Body Reports. The Appellate Body itself ceased to function as of 10 December 2019. The U.S. led the charge against the Appellate Body.

As of this writing, uncertainty persists as to what, if any, future decisions may exist for us to analyze, because whether the WTO will reach a consensus to resurrect the Appellate Body is uncertain. There are approximately 14 Panel Reports that have been appealed, but with no functioning Appellate Body, they are in limbo, perhaps forever. Accordingly, we anticipate the present WTO Case Review 2020 is our final one.

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

Suggested Citation

Bhala, Raj and Gantz, David A. and Goh, Dukgi and Witmer, Eric and Wood, Cody, WTO Case Review 2020 (June 27, 2022). Arizona Journal of International and Comparative Law, Vol. 39, No. 1, 2022, Arizona Legal Studies Discussion Paper No. 22-14, Available at SSRN: https://ssrn.com/abstract=4147870

Raj Bhala

University of Kansas - School of Law ( email )

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HOME PAGE: http://https://en.wikipedia.org/wiki/Raj_Bhala

Dentons U.S. LLP ( email )

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HOME PAGE: http://https://www.dentons.com/en/rakesh-kumar

Bloomberg Quint (India) ( email )

Quintillion Business Media Pte. Ltd.
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HOME PAGE: http://https://www.bloombergquint.com/search?q=Raj+Bhala#gs.byZDIP8

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)

Dukgi Goh

Independent ( email )

Eric Witmer

Kansas Supreme Court ( email )

301 SW 10th Ave # 374
Topeka, KS 66612
United States

Cody Wood

Dentons U.S. LLP ( email )

4520 Main Street
Suite 1100
Kansas City, MO 64111-7700
United States

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