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WTO DS Reform

13 posts

The Divide Between the U.S. and Others on Trade Dispute Settlement

In a recent piece on USMCA dispute settlement, former U.S. Ambassador to the WTO Maria Pagan talks about a "divide between the United States and many others over state-to-state dispute settlement mechanisms," as follows: On the one hand, you have those who view state-to-state mechanism more like

Katherine Tai on WTO Dispute Settlement Reform

Back in November, former U.S. Trade Rep. Katherine Tai spoke on a panel at Harvard (I just stumbled on the video recently). Towards the end, she responded as follows to a question about the Appellate Body appointments crisis (1:08:32 of the video): On the Appellate Body, ... if

The U.S. Comments On the MPIA and Treaty Interpretation

At the December 19 DSB meeting, the U.S. tied one of its broad criticisms of the WTO dispute settlement system to a recent criticism by another WTO Member of a specific MPIA award: • We would like to make one further point in response to the interventions we just heard

WTO Dispute Settlement and Certainty

At the always excellent Georgetown Law International Trade Update last week, there was a "Fireside Chat" between Demetrios Marantis (former Deputy U.S. Trade Rep. and acting U.S. Trade Rep.) and Biden administration Ambassador to the WTO Maria Pagan. They covered a lot of ground, and on

The Latest on Appeal/Review in WTO DS Reform

I've been posting about official WTO documents related to appeal/review in dispute settlement reform. The latest one, from the heads of delegation meeting on November 21, is now available. There were no exciting new revelations, but just for the sake of completeness, I'm providing excerpts

Appeal/Review Proposals under Consideration in the WTO Dispute Settlement Reform Process

In a recent post on appeal/review issues being discussed as part of the WTO dispute settlement reform process, I quoted something that referenced "an updated draft of the document known as the Appeal/Review Tables, which will reflect the progress made in the discussions since the summer break

More Discussions of Appeal/Review in the DS Reform Process

In July, I mentioned that the the WTO Dispute Settlement Reform Process was underway, with one of the key topics being a fix for the Appellate Body crisis. People can follow the discussions in limited detail as WTO news summaries are released, or in somewhat greater detail a few weeks

New Discussions of Appeal/Review in the DS Reform Process

In July, I mentioned that the the WTO Dispute Settlement Reform Process is underway, and that people can follow it a few weeks behind the actual developments, as meeting minutes are derestricted. The Minutes of the Heads of Delegation meeting from July 18 are now available. Focusing on the Appeal/

WTO Member Statements on Appeal/Review in the DS Reform Process

The WTO Dispute Settlement Reform Process is underway. The WTO website provides brief overviews of the meetings as they happen, but for those of us who want more than just a short summary, we can follow it a few weeks behind the actual current developments as meeting minutes are derestricted.

WTO Dispute Settlement Reform Proposals on the Role of Precedent

The WTO has now posted a document with the DS reform text that will be discussed at the upcoming Ministerial Conference (see the Consolidated Text of a Ministerial Decision on Dispute Settlement in Annex 1 of the document). There's a lot in there, although nothing on appeal/review