Appellate Body

From last week's DSB meeting: The DSB chair, Ambassador Johansen (Norway), announced that the first term of two Appellate Body members, Ms Jennifer Hillman and Ms Lilia Bautista will expire on 10 December 2011. Under article 17.2 of the DSU, Appellate Body members are appointed by the

I just noticed the EU's brief discussion of remand in its closing memorandum following the first hearing in the EC - Aircraft appeal: E. Completion of the Analysis and Remand 50. As the European Union stated in its Opening Statement, as a result of the Panel’s erroneous

The Appellate Body is proposing some amendments to its Working Procedures (Word Doc): We propose the following three amendments to the Working Procedures:  · First, we suggest that an appellant's written submission be filed when an appeal is commenced, namely, on the same day as the filing of a

Sorry, I didn't mean to alarm anyone with the title of this post.  I'm not accusing the Appellate Body of wrongdoing!  Rather, what I have in mind is this post from David Zaring over at the Conglomerate: In another neat use of plagiarism software, Brian Calvin,

There are two Appellate Body positions coming open in the next year.  Reuters reports on the nominees: Hector Torres (Argentina) - former representative at the International Monetary Fund. Ellen Gracie Northfleet (Brazil) - supreme court judge. Ronald Saborio Soto (Costa Rica) - long-serving WTO ambassador. Peter Van den Bossche (EU

The U.S. proposes giving each Appellate Body Member his/her own law clerk: ... Appellate Body members currently rely on a common pool of Appellate Body Secretariat employees to perform research and manage appeals.  However, an Appellate Body member does not have any personal staff dedicated to working on the

Sad news from the Appellate Body: The head of the World Trade Organisation's (WTO) top court, Brazilian lawyer Luiz Olavo Baptista, has resigned for health reasons, a senior WTO diplomat said on Friday. Best wishes to Professor Baptista. This means the AB Member selection process will start again.

The minutes of the DSB meeting discussing the last round of AB appointments, involving Taiwan's objections, are now available:  http://www.worldtradelaw.net/dsbminutes/m242.pdf  See Item 1 of the agenda.

Despite the well-established AB case law invalidating zeroing, a recent panel in U.S. – Stainless Steel explicitly rejected the AB’s established anti-zeroing position, in particular that expressed in U.S. – Zeroing (EC) and U.S. – Zeroing (Japan), both of which addressed the same issue as the panel faced, i.