The WTO press release is here:
The WTO Dispute Settlement Body (DSB) appointed on 18 November 2011 the following two new members to the seven-member Appellate Body: Messrs Ujal Singh Bhatia of India and Thomas R. Graham of the United States for four years commencing on 11 December 2011.
Messrs Bhatia and Graham will replace Ms. Lilia Bautista and Ms. Jennifer Hillman whose terms of office expire on 10 December 2011. ...
Here's one thing that jumped out at me:
Mr. Graham served as Deputy General Counsel in the Office of the U.S. Trade Representative where he was instrumental in the negotiation of the Tokyo Round Agreement on Technical Barriers to Trade and where he represented the U.S. Government in dispute settlement proceedings under the GATT.
Given the likely appeals early next year in three TBT cases that went against the U.S. -- Clove Cigarettes, Tuna II, and COOL (coming out today I hear) -- Mr. Graham's addition to the Appellate Body could be particularly interesting. How does the TBT non-discrimination obligation in Article 2.1 compare to that of GATT Article III:4? How should we think about the "more trade-restrictive than necessary" obligation in Article 2.2, both in general and in relation to non-discrimination obligations? What is the scope of the TBT Agreement in terms of its coverage of "technical regulations" and "standards"? The Appellate Body may be faced with all of these questions soon, in cases that are politically sensitive for the U.S.
