WTO appellate body at cross roads: Options and alternatives

Abstract

The crisis of the Appellate Body (AB) has been triggered by the U.S. stalling the process of appointment or reappointment of the AB members. This chapter examines the U.S. position and interests behind its complaint, and argues that the real U.S. interests may prevent a successful outcome of the negotiations regarding the crisis. Therefore, this chapter proposes several options to the AB crisis, including appointment of at least two members of the AB, use of FTA dispute resolution forum, use of “Good Offices, Conciliation and Mediation” in the WTO and FTA, and interim appeal through arbitration under the WTO. In addition, this chapter proposes an alternative to use of a forum outside of the WTO, such asARMO and APCAM.