Unleashing the WTO Appellate Body: Strategies for Resolving the Deadlock

Abstract

The suspension of the Appellate Body has plunged the WTO dispute settlement mechanism into a crisis, and the time and cost for countries to participate in dispute settlement have in-creased significantly. This paper aims at finding ways to mitigate shocks from the shutdown of Appellate Body. This paper analyzes the reasons for the suspension of the Appellate Body from the attitude of developed countries led by the United States. Then it analyzes the challenges faced by developing countries and Least Developed Countries (LDCs) due to the U.S. concerns about the status of developing countries. Lastly, the WTO Secretariat is compared with the IACHR Secretariat to find out the special status of the WTO Secretariat and its problems. Finally, this paper suggests that the voting mechanism should be used to facilitate the selection of Appellate Body members and clarify WTO agreements. In addi-tion, the accountability of the Secretariat should be strengthened. Finally, the WTO should give more support to developing countries and LDCs such as establishing a fund to help them participate more effectively in dispute settlement.