Reforming the WTO AB: Short-term and Mid-term Options for DSU Reform, and Alternative Approaches in a Worst Case Scenario

By Tsuyoshi Kawase, Junji Nakagawa, Hugo Perezcano Diaz, Keith William Cameron Wilson, Manjiao Chi, Carlos Coelho, Peter Draper, and Christopher Findley

Abstract

WTO Members have failed to agree to replace the members of the WTO Appellate Body (AB) whose terms have expired, due to criticisms from certain WTO Members regarding the procedures and functioning of the AB. This Policy Brief explores possible options to reconcile these criticisms, including both short-term and mid-term options. It also explores a legal course of action for WTO Members if these options were not taken.