This is the first book that critically examines the reform of the Appellate Body (AB) of the World Trade Organization (WTO) in light of the current crisis resulting from the U.S. blocking of the appointment of its members. The reform of the AB is critical, as the appointment crisis could lead to the demise of “the jewel in the crown,” which may even cause the dismantling of the WTO as a whole. This book covers various aspects of the crisis and its reform. Specifically, as the crisis cannot be fully understood without reviewing the role of the AB from the broader perspectives of the other functions of the WTO, the book examines the reform of the AB from the broader perspectives of the WTO governance. Additional focus is on the reform of the AB in relation to its specific functions. Available options are provided to address the AB crisis, as well as discussion of wider implications beyond the WTO. Contributed by world-renowned academics, experts, and practitioners in the field of international economic law, this volume provides a comprehensive analysis of the AB crisis and its solutions.
Author(s): Chang-fa Lo, Junji Nakagawa, Tsai-Fang Chen
Publisher: Springer
Year: 2020
Language: English
Pages: 344
Tags: International Economic Law, Trade Law, WTO
Front Matter ....Pages i-xi
Front Matter ....Pages 1-1
Introduction: Let the Jewel in the Crown Shine Again (Chang-fa Lo, Junji Nakagawa, Tsai-fang Chen)....Pages 3-13
Between “Member-Driven Governance” and “Judicialization”: Constitutional and Judicial Dilemmas in the World Trading System (Ernst-Ulrich Petersmann)....Pages 15-41
Reforming the Appellate Body (Mitsuo Matsushita)....Pages 43-52
The AB Crisis as Symptomatic of the WTO’s Foundational Defects or: How I Learned to Stop Worrying and Love the AB (Colin B. Picker)....Pages 53-65
The Impending Demise of the WTO Appellate Body: From Centrepiece to Historical Relic? (Markus Wagner)....Pages 67-90
WTO Appellate Body Overreach and the Crisis in the Making: A View from the South (R. Rajesh Babu)....Pages 91-107
Front Matter ....Pages 109-109
Why the WTO Adjudicatory Crisis Will Not Be Easily Solved: Defining and Responding to “Judicial Activism” (Raj Bhala)....Pages 111-123
A Proper Balance Between WTO’s Members-Driven Nature and the Appellate Body’s Role as an Adjudicator—Careful Exercise of Judicial Activism (Chang-fa Lo)....Pages 125-139
The Judicial Style of the Appellate Body (Niall Meagher)....Pages 141-165
Interpretative Authority of the Appellate Body: Replies to the Criticism by the United States (Yuka Fukunaga)....Pages 167-183
Judicial Economy and Advisory Opinions of the Appellate Body–Potential Reform of Article 17.12 of the DSU (Tsai-fang Chen)....Pages 185-198
The Use of Panel Process to Improve the Function of the Appellate Body: A Proposal to Utilize the Expert Review Group (Tomohiko Kobayashi)....Pages 199-211
Front Matter ....Pages 213-213
Disruptive Construction or Constructive Destruction? Reflections on the Appellate Body Crisis (Henry Gao)....Pages 215-238
WTO Appellate Body at Cross Roads: Options and Alternatives (Rajesh Sharma)....Pages 239-254
Appointment and Reappointment of the Appellate Body Members: Judiciary or Politics (Po-Ching Lee)....Pages 255-271
Should Appellate Body Members Work Full Time? (Fernando Dias Simões)....Pages 273-301
The WTO Appellate Body as a Trailblazer—Facilitation of Appellate Mechanism Discussion in Other International Courts (Jaemin Lee)....Pages 303-330
WTO AB as a Model for Other Adjudicatory Bodies—The Case of EU’s Investment Court System (Joanna Lam)....Pages 331-348
