DSU Article 11

This is from a separate opinion by an Appellate Body Member in yesterday's EU - PET (Pakistan) report: 5.57. As I see it, the Panel's ruling on whether it needed to continue to make findings with respect to the claims challenging the expired measure at

A few months ago, in its China - Rare Earths report, the Appellate Body said this: 5.227 ... an Article 11 claim must be clearly articulated and substantiated with specific arguments, including an explanation of why the alleged error has a bearing on the objectivity of the panel's

I haven't crunched the numbers on this, but it certainly feels as though DSU Article 11 appeals have increased in recent years.  Yet almost all of them get rejected.  This seems like a strange state of affairs.  Why pursue a course that is virtually certain to fail? In