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Appellate Body

72 posts

It Sure Looks Different from the Inside, and Now the Outside Too? (or "Graham on Graham")

Simon Lester's posts about Tom Graham's recent speech on the Appellate Body ("AB") reminded me the speech Graham gave back in 2013, which was "[s]oon after [he] joined the Appellate Body". When I re-read the 2013 speech entitled "It Sure

Tom Graham's Full Speech on the Appellate Body

Last week, I posted about the Inside US Trade summary of Tom Graham's remarks on the Appellate Body (entitled "The Rise (and Demise?) of the WTO Appellate Body"). I now have the full text, which is here. Here is one part: Soon after I joined the

The Resurrection of the Appellate Body: Three Proposals

The Appellate Body is dead. But not all hope is lost. Instead, we could still bring it back, and there are at least three different ways: 1. The first is launching the Appellate Body appointment process by forcing a vote through the General Council as per Article IX.1 of

The U.S. Appeal in DS436

In the last post, I talked about what might happen as a result of the U.S. appeal "into the void" of the Article 21.5 panel report in DS436. Let me now add to the confusion. The full text of the U.S. appeal, as posted in

The Future of U.S. Participation in WTO Disputes

This is from the U.S. statement at today's DSB meeting: As discussions among Members continue, the dispute settlement system continues to function. The central objective of that system remains unchanged: to assist the parties in the resolution of a dispute. As before, Members have many methods to

"Why did the Appellate Body feel free to disregard the clear text of the agreements?"

The U.S. keeps asking a question along the lines of "why did the Appellate Body feel free to disregard the clear text of the agreements?" Here's an answer provided by Ambassador Shea at today's General Council meeting: ... For nearly a year, in the

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,

Do the U.S. and EU Have Different Visions for WTO Dispute Settlement and the Appellate Body?

This is from Inside US Trade: The “why question,” according to two sources, is directed at the European Union. The EU has said it does not agree with the U.S. view on the Appellate Body but is willing to work with the U.S. to resolve the issue. The

Question from the U.S.: Why has the Appellate Body felt free to depart from what Members agreed to?

This is from the U.S. statement at Monday's DSB meeting: Indeed, for several months, both within the Informal Process and outside, the United States has actively sought engagement from Members on what we believe to be a fundamental issue. That is, how have we come to this

What Does the U.S. Want To See Happen With Appellate Body Reform?

This is from a U.S. statement to the DSB yesterday: * We have listened closely as several Members have criticized the United States. These Members argue that the United States has failed to participate in ongoing discussions on Appellate Body reform. * These statements are wrong – and appear to represent public