Treaty interpretation by the WTO appellate body
In: International economic law series
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In: International economic law series
In: Journal of international economic law, Band 26, Heft 1, S. 124-132
ISSN: 1464-3758
ABSTRACT
After 25 years of the practice of World Trade Organization (WTO) dispute settlement, the system's ability to continue performing that function has been significantly hampered as a result of the lack of a consensus among WTO Members to (re)appoint Appellate Body Members, resulting in the Appellate Body being defunct as of December 2019. This brief contribution reflects on the various narratives of the causes of the current state of WTO dispute settlement and comments on the role of the Appellate Body. It concludes that no sole responsibility for the current deadlock can be attributed to the Appellate Body. Undoubtedly, the Appellate Body could have decided differently on certain questions. However, asking whether or how the Appellate Body dug its own grave fails to acknowledge the role of WTO Members, collectively and individually, in preserving binding, compulsory WTO dispute settlement providing for appellate review.
In: Journal of international economic law, Band 19, Heft 2, S. 343-346
ISSN: 1464-3758
In: European journal of international law, Band 21, Heft 3, S. 605-648
ISSN: 1464-3596
In: European journal of international law, Band 21, Heft 3, S. 605-648
ISSN: 0938-5428
World Affairs Online
In: Treaty Interpretation by the WTO Appellate Body, S. 305-354
In: Treaty Interpretation by the WTO Appellate Body, S. 355-376
In: Treaty Interpretation by the WTO Appellate Body, S. 73-109
In: Treaty Interpretation by the WTO Appellate Body, S. 157-210
In: Treaty Interpretation by the WTO Appellate Body, S. 379-384
In: Treaty Interpretation by the WTO Appellate Body, S. 275-304
In: Treaty Interpretation by the WTO Appellate Body, S. 213-274
In: Treaty Interpretation by the WTO Appellate Body, S. 3-31
In: Treaty Interpretation by the WTO Appellate Body, S. 32-72
In: Treaty Interpretation by the WTO Appellate Body, S. 110-156