Some of my old friends and colleagues from Geneva have a new paper (available as a CTEI Working Paper here) in which they explain that DSU Article 25 is drafted in terms that are sufficiently flexible to allow an appellate process that replicates closely the essential features of the process under DSU Article 17. Further, Article 25 decisions are binding on the parties to the dispute, and enforceable in the same way as adopted panel and Appellate Body reports, including through recourse to DSU Articles 21 and 22. They conclude Article 25 could be used to allow Members, who so wished, to continue to enjoy the benefits of WTO appellate review.
For those in Geneva, on Monday, 27 November 2017, from 12:30-13:30, the Graduate Institute is hosting a discussion on the topic of “Deadlock at the WTO: pathways to maintaining an effective system for appellate review”, which will include a presentation of the paper. An invitation to this event can be found at: http://graduateinstitute.ch/lang/en/pid/11764/_/events/psig/2017/deadlock-at-the-wto-pathways-to.
