The Appellate Body: Institutional and Procedural Aspects

Abstract

This chapter examines the Appellate Body and appellate procedures in WTO dispute settlement. Part II sets out a brief review of how the concept of appellate review arose and evolved during the Uruguay Round of trade negotiations. Part III describes the principal institutional aspects of the Appellate Body: the applicable legal instruments, the Appellate Body as an institution, and the individuals that have served on it. Part IV of the chapter focuses on the appeal process and provides, first, an overview designed to familiarize the reader with the conduct of an appeal, and second, a survey of specific issues that have arisen, or might arise, during an appeal. Part V attempts to take stock of the current state of Appellate Body procedures. This is done through a brief examination of certain comments that have been made by WTO Members, of proposals made in the current negotiations on reform of the Dispute Settlement Understanding (“DSU”), and of comments that have been made by outside observers. Overall, the objectives of this chapter are to familiarize readers with the detailed mechanics of WTO appeals and to provide them with some of the data necessary to judge for themselves the extent to which current appellate procedures are consistent with the Appellate Body’s own description of the objective of dispute settlement in the WTO: The procedural rules of WTO dispute settlement are designed to promote, not the development of litigation techniques, but simply the fair, prompt and effective resolution of trade disputes.1