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4 - Operationalizing MPIA Appeal Arbitrations:

Opportunities and Challenges

from Part I - Current Challenges in International Trade Dispute Settlement

Published online by Cambridge University Press:  07 August 2021

By
Kholofelo Kugler
Edited by
Manfred Elsig ,
Rodrigo Polanco  and
Peter van den Bossche
Manfred Elsig
Affiliation:
Universität Bern, Switzerland
Rodrigo Polanco
Affiliation:
Universität Bern, Switzerland
Peter van den Bossche
Affiliation:
Universität Bern, Switzerland
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Summary

For the first time since its establishment, on 11 December 2019, the Appellate Body of the World Trade Organization (WTO) did not have the requisite number of Appellate Body Members to form a Division to adjudicate disputes. This date had been long anticipated in international trade circles and was precipitated by an unfortunate sequence of events. At the centre of these, was the dissatisfaction of the United States with, inter alia, the functioning of the Appellate Body.

The demise of the Appellate Body as it existed since 1 January 1995 has reverberated far beyond the WTO’s dispute settlement system. It brings to the fore the delicate balance of ideas and opinions that have been at the core of decision making at the WTO since the Uruguay Round.

Type
Chapter
Information
International Economic Dispute Settlement
Demise or Transformation?
 , pp. 68 - 96
Publisher: Cambridge University Press
Print publication year: 2021

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