The Appellate Body of the World Trade Organization (WTOAB) is a standing body of seven persons that hears appeals from reports issued by panels in disputes brought on by WTO members.[1] The WTOAB can uphold, modify or reverse the legal findings and conclusions of a panel, and Appellate Body Reports, once adopted by the Dispute Settlement Body (DSB), must be accepted by the parties to the dispute. The WTOAB has its seat in Geneva, Switzerland. It has been termed by at least one journalist as "effectively the supreme court of world trade".[1]
Since 2019, when the Donald Trump administration blocked appointments to the body, the Appellate Body has been unable to enforce WTO rules and punish violators of WTO rules.[2][3] Subsequently, disregard for trade rules has increased, leading to more trade protectionist measures.[3][4] The Joe Biden administration has maintained Trump's freeze on new appointments.[3]
Under the mandate of the Trump administration, the US held up appointments to the WTOAB. David Walker (diplomat) was appointed to chair the WTODSB with the mandate to solve this thorny problem.[5] A journalist said that the delay was an effort to skew arbitration in the favour of the US.[1] On 9 April 2019, US Trade Representative Robert Lighthizer said in reference to past adjudications over the policy of zeroing that the WTOAB had been "overreaching", as the government of Justin Trudeau was punished by the Trump administration over softwood lumber.[1]
The Trump defect crystallised on 11 December 2019. In default of an WTOAB adjudication board, the EU and Canada reached an agreement whereby the WTOAB is replicated as closely as possible. Under this agreement, former WTO judges will hear appeals between the two entities after the Trump defect has been crystallized. The Trump administration has repeatedly pleaded for redress and is using the leverage at its disposal.[6]
Multiparty Interim Appeal Arbitrationedit
In March 2020, the European Union and 15 other WTO members agreed to a Multiparty Interim Appeal Arbitration Arrangement (MPIA). This created an alternative appellate body while the official WTO body is not functional. It mirrors the usual WTO appeal rules and can be voluntarily used between any WTO members to resolve disputes. The European Commissioner for TradePhil Hogan said: "This is a stop-gap measure to reflect the temporary paralysis of the WTO's appeal function for trade disputes ... We will continue our efforts to restore the appeal function of the WTO dispute settlement system as a matter of priority."[7] Since being announced, the People's Republic of China and other WTO member nations have joined the MPIA.[8]
A pool of ten arbitrators were announced on 31 July 2020 marking the operational start of the MPIA. The arbitrators appointed were José Alfredo Graça Lima (Brazil) Valerie Hughes (Canada), Alejandro Jara (Chile), Guohua Yang (China), Claudia Orozco (Colombia), Joost Pauwelyn (EU), Mateo Diego-Fernandez Andrade (Mexico), Penelope Ridings (New Zealand), Locknie Hsu (Singapore), and Thomas Cottier (Switzerland).[9]
Membersedit
The following is a list of members of the WTOAB including their nationality and term of office.[10]
Currentedit
There are currently no Members of the Appellate Body.
^ abcd"WTO permits U.S. to use long-outlawed policy to calculate anti-dumping tariffs on softwood lumber". The Globe and Mail Inc. 9 April 2019.
^Hopewell, Kristen (2024). "The (surprise) return of development policy space in the multilateral trading system: what the WTO Appellate Body blockage means for the developmental state". Review of International Political Economy. doi:10.1080/09692290.2024.2303681. ISSN 0969-2290.
^ abc"How Trump Could Deal Another Blow to Already Hobbled WTO". Bloomberg News. 2023-09-04.
^"At WTO, growing disregard for trade rules shows world is fragmenting". Reuters. 2023.
^Sachdeva, Sam (8 March 2019). "The Kiwi leading the fight to fix the WTO". newsroom.
^"Canada and EU make deal to work around U.S. block on WTO judge appointments". The Globe and Mail Inc. 25 July 2019.
^Rosario, Daniel (27 March 2020). "EU and 15 World Trade Organization members establish contingency appeal arrangement for trade disputes". European Commission. European Commission. Retrieved 27 December 2020.
^Tillet, Andrew (4 May 2020). "China's inclusion in new trade umpire a 'game-changer'". Australian Financial Review. Retrieved 27 December 2020.
^"WTO - Singapore Ministry of Foreign Affairs". Retrieved 27 December 2020.
appellate, body, also, dispute, settlement, body, world, trade, organization, wtoab, standing, body, seven, persons, that, hears, appeals, from, reports, issued, panels, disputes, brought, members, wtoab, uphold, modify, reverse, legal, findings, conclusions, . See also Dispute Settlement Body The Appellate Body of the World Trade Organization WTOAB is a standing body of seven persons that hears appeals from reports issued by panels in disputes brought on by WTO members 1 The WTOAB can uphold modify or reverse the legal findings and conclusions of a panel and Appellate Body Reports once adopted by the Dispute Settlement Body DSB must be accepted by the parties to the dispute The WTOAB has its seat in Geneva Switzerland It has been termed by at least one journalist as effectively the supreme court of world trade 1 Since 2019 when the Donald Trump administration blocked appointments to the body the Appellate Body has been unable to enforce WTO rules and punish violators of WTO rules 2 3 Subsequently disregard for trade rules has increased leading to more trade protectionist measures 3 4 The Joe Biden administration has maintained Trump s freeze on new appointments 3 Contents 1 History 1 1 Blocking of adjudicator appointments 1 2 Multiparty Interim Appeal Arbitration 2 Members 2 1 Current 2 2 Previous 3 References 4 External linksHistory editThe WTOAB was established in 1995 under Article 17 of the Understanding on Rules and Procedures Governing the Settlement of Disputes DSU citation needed Blocking of adjudicator appointments edit Under the mandate of the Trump administration the US held up appointments to the WTOAB David Walker diplomat was appointed to chair the WTODSB with the mandate to solve this thorny problem 5 A journalist said that the delay was an effort to skew arbitration in the favour of the US 1 On 9 April 2019 US Trade Representative Robert Lighthizer said in reference to past adjudications over the policy of zeroing that the WTOAB had been overreaching as the government of Justin Trudeau was punished by the Trump administration over softwood lumber 1 The Trump defect crystallised on 11 December 2019 In default of an WTOAB adjudication board the EU and Canada reached an agreement whereby the WTOAB is replicated as closely as possible Under this agreement former WTO judges will hear appeals between the two entities after the Trump defect has been crystallized The Trump administration has repeatedly pleaded for redress and is using the leverage at its disposal 6 Multiparty Interim Appeal Arbitration edit In March 2020 the European Union and 15 other WTO members agreed to a Multiparty Interim Appeal Arbitration Arrangement MPIA This created an alternative appellate body while the official WTO body is not functional It mirrors the usual WTO appeal rules and can be voluntarily used between any WTO members to resolve disputes The European Commissioner for Trade Phil Hogan said This is a stop gap measure to reflect the temporary paralysis of the WTO s appeal function for trade disputes We will continue our efforts to restore the appeal function of the WTO dispute settlement system as a matter of priority 7 Since being announced the People s Republic of China and other WTO member nations have joined the MPIA 8 A pool of ten arbitrators were announced on 31 July 2020 marking the operational start of the MPIA The arbitrators appointed were Jose Alfredo Graca Lima Brazil Valerie Hughes Canada Alejandro Jara Chile Guohua Yang China Claudia Orozco Colombia Joost Pauwelyn EU Mateo Diego Fernandez Andrade Mexico Penelope Ridings New Zealand Locknie Hsu Singapore and Thomas Cottier Switzerland 9 Members editThe following is a list of members of the WTOAB including their nationality and term of office 10 Current edit There are currently no Members of the Appellate Body See Multi Party Interim Appeal Arbitration for an alternative arrangement used by some WTO member nations and list of appointed arbitrators Previous edit Hong Zhao lawyer nbsp China 1 December 2016 30 November 2020 Hyun Chong Kim nbsp South Korea 2016 2017 Shree Baboo Chekitan Servansing nbsp Mauritius 2014 2018 Seung Wha Chang nbsp South Korea 2012 2016 Thomas R Graham nbsp United States 2011 2015 amp 2015 2019 Ujal Singh Bhatia nbsp India 2011 2015 amp 2015 2019 Peter Van den Bossche nbsp Belgium 2009 2013 amp 2013 2017 Ricardo Ramirez Hernandez nbsp Mexico 2009 2013 amp 2013 2017 Yuejiao Zhang nbsp China 2008 2012 amp 2012 2016 Shotaro Oshima nbsp Japan 2008 2012 Lilia R Bautista nbsp Philippines 2007 2011 Jennifer A Hillman nbsp United States 2007 2011 David Unterhalter nbsp South Africa 2006 2009 amp 2009 2013 Merit E Janow nbsp United States 2003 2007 Luiz Olavo Baptista nbsp Brazil 2001 2005 amp 2005 2009 Giorgio Sacerdoti nbsp Italy 2001 2005 amp 2005 2009 John Lockhart lawyer nbsp Australia 2001 2005 amp 2005 2006 Arumugamangalam Venkatachalam Ganesan nbsp India 2000 2004 amp 2004 2008 Georges Michel Abi Saab nbsp Egypt 2000 2004 amp 2004 2008 Yasuhei Taniguchi nbsp Japan 2000 2003 amp 2003 2007 James Bacchus nbsp United States 1995 1999 amp 1999 2003 Claus Dieter Ehlermann nbsp Germany 1995 1997 amp 1997 2001 Julio Lacarte Muro nbsp Uruguay 1995 1997 amp 1997 2001 Florentino Feliciano nbsp Philippines 1995 1997 amp 1997 2001 Christopher Beeby nbsp New Zealand 1995 1999 amp 1999 2000 Said El Naggar nbsp Egypt 1995 1999 amp 1999 2000 Mitsuo Matsushita nbsp Japan 1995 1999 amp 1999 2000References edit a b c d WTO permits U S to use long outlawed policy to calculate anti dumping tariffs on softwood lumber The Globe and Mail Inc 9 April 2019 Hopewell Kristen 2024 The surprise return of development policy space in the multilateral trading system what the WTO Appellate Body blockage means for the developmental state Review of International Political Economy doi 10 1080 09692290 2024 2303681 ISSN 0969 2290 a b c How Trump Could Deal Another Blow to Already Hobbled WTO Bloomberg News 2023 09 04 At WTO growing disregard for trade rules shows world is fragmenting Reuters 2023 Sachdeva Sam 8 March 2019 The Kiwi leading the fight to fix the WTO newsroom Canada and EU make deal to work around U S block on WTO judge appointments The Globe and Mail Inc 25 July 2019 Rosario Daniel 27 March 2020 EU and 15 World Trade Organization members establish contingency appeal arrangement for trade disputes European Commission European Commission Retrieved 27 December 2020 Tillet Andrew 4 May 2020 China s inclusion in new trade umpire a game changer Australian Financial Review Retrieved 27 December 2020 WTO Singapore Ministry of Foreign Affairs Retrieved 27 December 2020 Appellate Body Members WTOExternal links editAppellate Body on WTO website How dispute settlement works Jens Lehne Crisis at the WTO Is the Blocking of Appointments to the WTO Appellate Body by the United States Legally Justified Berlin Bern 2019 nbsp This trade related article is a stub You can help Wikipedia by expanding it vte Retrieved from https en wikipedia org w index php title Appellate Body amp oldid 1201053158, wikipedia, wiki, book, books, library,
