Burning down the house? : the Appellate Body in the centre of the WTO crisis
Title: Burning down the house? : the Appellate Body in the centre of the WTO crisis
Series/Number: EUI RSCAS; 2019/56; Global Governance Programme-353; [Global Economics]
In December 2019 the WTO Appellate Body (AB) will cease to operate unless the United States stops blocking new appointments. The US argues the AB has exceeded its mandate and has indicated it wants to ensure that the AB performs the role originally assigned to it in 1995. This paper discusses the Uruguay round negotiating history with the view to establish what “going back to 1995” entails. It concludes that this should not be difficult assuming a willingness of the WTO membership to seriously consider the US concerns and acceptance by the US of a commitment by the membership to ensure that the AB operates consistently with its 1995 mandate.
Subject: Dispute settlement; Appellate Body; WTO; Uruguay round
Type of Access: openAccess