Abstract
Many have identified problems in the decision-making of the Appellate Body of the World Trade Organization ("WTO"). These problems primarily arise from Appellate Body interpretations of the terms of WTO agreements that improperly "add to or diminish the rights and obligations" in the agreements. Recently, former high-level international trade negotiators, GATT/WTO personnel, and at least one Appellate Body Member have recognized that these problems exist and threaten the integrity of the WTO dispute settlement system. They have further recognized that these problems are particularly acute where WTO Members are deadlocked from reaching legislative consensus or negotiating new agreements, and may prevent further agreements. This increasing recognition should be a reason for the Appellate Body to adopt a more restrained and less activist role, hence helping to restore balance to the WTO's structure by encouraging Members to address unaddressed issues through negotiations and not through dispute settlement. The real question is not whether the AB should reexamine its approach but will it?
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