It is hoped that the two giant powers can turn their confrontation into cooperation and bridge their divergences through the creation of new and better rules on international trade and dispute settlement so as to lay the groundwork for multilateral negotiations.
📌 3 Key Takeaways
🎯
Objective & Hypothesis:The paralysis of the Appellate Body (AB) has significant ramifica-tions for the effective functioning of WTO’s dispute settlement mecha-nism (DSM).
📊
Key Findings & Data:It remains unclear how WTO Members will utilise the var-ious options in resolving disputes in the absence of the AB.
💡
Conclusion & Impact:It is hoped that the two giant powers can turn their confrontation into cooperation and bridge their divergences through the creation of new and better rules on international trade and dispute settlement so as to lay the groundwork for multilateral negotiations.
🔬Design:Research Article
📍Scope:Comprehensive Sample
⚙️Variables:Domain Parameters
Abstract
The paralysis of the Appellate Body (AB) has significant ramifica-tions for the effective functioning of WTO’s dispute settlement mecha-nism (DSM). It remains unclear how WTO Members will utilise the var-ious options in resolving disputes in the absence of the AB. The recent-ly-concluded US-China Phase One trade deal adds more uncertainties about the future of the DSM and the multilateral trading system in gen-eral. It is hoped that the two giant powers can turn their confrontation into cooperation and bridge their divergences through the creation of new and better rules on international trade and dispute settlement so as to lay the groundwork for multilateral negotiations.
🔖
Cite This Article
ZHOU, W. (2022). WTO DISPUTE SETTLEMENT MECHANISM WITHOUT THE APPELLATE BODY: SOME OBSERVATIONS ON THE US-CHINA TRADE DEAL. Uluslararası Ticaret ve Tahkim Hukuku Dergisi, Cilt: 9 - Sayı: 2, 443–458. https://ajindex.com/articles/645214
European Commission, Proposal for a Regulation of the European Parliament and of the Council of 12 Dec. 2019 amending Regulation (EU) No 654/2014 of the European Parliament and of the Council con-cerning the exercise of the Union’s rights for the application and en-forcement of international trade rules, COM(2019) 623 final, at 3. European Commission, "Commission Reinforces Tools to Ensure Europe’s Interests in International Trade", News – Dispute Settlement (12 Dec. 2019), available at: https://trade.ec.europa.eu/doclib/ press/index.cfm?id=2091 (last visited on 9.1.2020)
Jackson, J. H., "The WTO Dispute Settlement Understanding – Misunderstandings on the Nature of Legal Obligation", (1997)91(1) American Journal of International Law 60 Jackson, J. H., "International Law Status of WTO Dispute Settle-ment Reports: Obligation to Comply or Option to “Buy Out”?", (2004)98(1) American Journal of International Law 109 Jan Kuijper, P., "What To Do About the US Attack on the Appel-late Body?", International Economic Law & Policy Blog (15 Nov. 2017), available at: https://worldtradelaw.typepad.com/ielpblog/2017/11/ guest-post-from-pieter-jan-kuiper-professor-of-the-law-of-international-economic-organizations-at-the-faculty-of-law-of-th.html (last visited on 9.1.2020)