The non-functioning of the WTO Appellate Body, which is non-operative since 2019 due to the US opposition to the appointment of its members, has led to the semi-paralysis of the WTO dispute settlement system, a key element in the rule-based governance of the multilateral trading system. The article examines the current situation, the proposals of reform and the role of the MPIA (Multi-Party Interim Appellate Arbitration) agreed by 53 members of the WTO to by-pass the US blockage.
Adjudication of International Trade Disputes: From Success to Crisis. What’s Next?
GIORGIO SACERDOTI
2023
Abstract
The non-functioning of the WTO Appellate Body, which is non-operative since 2019 due to the US opposition to the appointment of its members, has led to the semi-paralysis of the WTO dispute settlement system, a key element in the rule-based governance of the multilateral trading system. The article examines the current situation, the proposals of reform and the role of the MPIA (Multi-Party Interim Appellate Arbitration) agreed by 53 members of the WTO to by-pass the US blockage.
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