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The Attack on the Appellate Body- Events of 5 December 2019

The Attack on the Appellate Body- Events of 5 December 2019 Steve Charnovitz A story on World Trade Online by Hannah Monicken just crossed my desk in which she wrote: "Even those who do not view Zdouc as part of the problem could begin to view his now-public
Charnovitz 05 Dec 2019 1 min read

What Happens To Pending Appeals For Which, Next Week, Ruled 15 Would Not Be Exercised?

I have been asked by several people what will happen with the 10 pending appeals that will (apparently) not be carried over next week. Indeed, according to press reports only 4 of the 14 currently pending appeals, for which hearings already took place, will continue under Rule 15 (Note that,
Joost Pauwelyn 05 Dec 2019 3 min read

The Attack on the Appellate Body- Events of 4 December 2019

Steve Charnovitz At today's DSB meeting, press reports state that the US representative "charged that China and the EU, in calling for the continued use of Rule 15, were supporting what the U.S. sees as the Appellate Body’s blatant rule breaking."  In addition, the
Charnovitz 04 Dec 2019 1 min read

The Attack on the Appellate Body- Events of 3 December 2019

Steve Charnovitz 3 December 2019 I was delighted to see the open letter from two current and one former member of the Appellate Body disputing yesterday's news item that various Appellate Body members are seeking the ouster of the Director of the Appellate Body Secretariat. When I wrote
Charnovitz 03 Dec 2019 1 min read

Letter from Mr Ujal Singh Bhatia, Mr Shree B.C. Servansing, and Ms Hong Zhao

In the context of the ongoing Appellate Body crisis, here is a letter to the WTO DG sent by Mr Ujal Singh Bhatia, Mr Shree B.C. Servansing, and Ms Hong Zhao: Dear Director-General, Regarding recent media articles, we have deep concerns about the breach of confidentiality and the
Simon Lester 03 Dec 2019 1 min read

With No Appellate Body, Fear Over (Not Under) Enforcement of WTO Rules

Nicolas’ post on how unilateral retaliation may limit “appeals into the void” reminds me of a misleading statement I keep reading in the press these days. Many seem to believe that with the demise of the Appellate Body (AB), the WTO will lose its “bite”, i.e., that pre-Dec.
Joost Pauwelyn 03 Dec 2019 3 min read

Making WTO Dispute Settlement Work without the Appellate Body: How the Threat of Unilateral Retaliation Could Be Used to Incentivize the Adoption of Panel Reports

There is a justified fear that, once the WTO Appellate Body goes out of business in a few days, the entire edifice of WTO dispute settlement will collapse like a house of cards. The key concern from a structural perspective is not the demise of the Appellate Body per se,
Nicolas Lamp 03 Dec 2019 3 min read

Comments on the Appellator Graham Affair

Comments on the Appellator Graham Affair Steve Charnovitz 2 December 2019 A report on World Trade Online this afternoon states that Appellate Body Chair Thomas Graham is threatening to resign from the Appellate Body when his term ends on December 10 unless the WTO ousts the Mr. Werner Zdouc, the
Charnovitz 02 Dec 2019 3 min read

A WTO If You Can Keep It

"A WTO If You Can Keep It" Steve Charnovitz 30 November 2019 This is a brief announcement of my new essay "A WTO if you can keep it" published in Questions of International Law, November 2019. The essay provides a historical account of the World Trade
Charnovitz 01 Dec 2019 1 min read

Third Party Adjudication vs. Unilateralism

Here's one more post based on the Trade Talks podcast with Stephen Vaughn: Chad P. Bown 16:43 Can I ask a bit more of the details on the enforcement piece? Is what we're thinking about if there is a deal that has some kind of
Simon Lester 01 Dec 2019 2 min read

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Featured

Does The EU Need Its Own Section 301 To Counter China's Distortions?

Recently, economists Sander Tordoir and Brad Setser suggested that the EU may need its own version of Section 301 in order to "confront China’s systemic distortions beyond piecemeal trade defence."
17 Jun 2026 7 min read

The Section 301 Forced Labor Import Ban Report

On June 2, 2026, USTR released its report on its Section 301 investigation into acts, policies, and practices of various economies related to the failure to impose and effectively enforce a prohibition on the importation of goods produced with forced labor.
04 Jun 2026 11 min read

What To Expect from the USMCA Review?

The USMCA review is almost upon us. How exactly things will proceed is a bit unclear, as we've never done this sort of thing before, but July 1 is the six year anniversary of the USMCA's entry into force.
03 Jun 2026 15 min read

China in the World Trading System: A Response to Chad, and Some Comments on Froman-Greer

I'm going to use this post to (1) respond to Chad and (2) comment on an exchange between current U.S. Trade Rep. Jamieson Greer and former U.S. Trade Rep. Mike Froman at a recent CFR event.
01 Jun 2026 7 min read

My Response To Simon on China in the World Trading System

Here are two quick reactions to the super important question of what explains why countries did not use WTO dispute settlement to push China to change.
28 May 2026 2 min read

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