WTO DISPUTE SETTLEMENT MECHANISM WITHOUT THE APPELLATE BODY: SOME OBSERVATIONS ON THE US-CHINA TRADE DEAL

Özet

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.