Jennifer Hillman has a new IIEL Issues Brief called "Three Approaches to Fixing the World Trade Organization’s Appellate Body: The Good, the Bad and the Ugly?" Her three approaches are:
1. The Good — A Separate System for Trade Remedies (with two possibilities: "Special Appellate Body for Trade Remedies" and "Moratorium on Appeals from Trade Remedy Panel Decisions")
2. The Bad: Arbitration under Article 25 of the DSU Instead of Appeals to the Appellate Body
3. The Ugly: Fix the Procedural Matters Readily Fixable, Run the Selection Process and then Appoint New Members by Vote
I can see the value of a separate appellate process for trade remedies. Special expertise, especially through working on domestic trade remedy proceedings, is tremendously helpful for understanding the WTO obligations in this area, in terms of both substance and procedure. I'm not sure which direction a trade remedy appellate body would go in terms of deference to domestic authorities, though. Depends on who these appellate body members are.
I wonder about the politics, though. Would this be enough to satisfy the U.S.? Would it be too much for others to accept?
