Future of WTO Reform: Paths Forward for the Appellate Body

Abstract

This article investigates the current crisis surrounding the Appellate Body of the World Trade Organization, as well as solutions that have been proposed in order to remedy it. Citing frustrations with the Appellate Body, since 2017, the United States has blocked any new appointments to the Appellate Body. As a result, due to the expiration of its members' terms, the Appellate Body has not been able to rule on any disputes appealed within the World Trade Organization since December 2019. This paper provides a summary of the United States' criticisms of the body, as well as a variety of proposals to address them, written by other World Trade Organization members, academics, and experts. Implementing a mixture of these proposals will prove critical to the revival of the Appellate Body and to the continued success of the World Trade Organization.