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The Appellate Body of the WTO and Its Reform

The Appellate Body of the WTO and Its Reform

Author: Chang-fa Lo; Junji Nakagawa; Tsai-fang Chen
Publisher: Springer-Verlag
ISBN: 9789811502545

Published In: January 2020
Format: Hardback
Jurisdiction: Singapore ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9789811502576

HKD 1,462.00

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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.

Introduction: Let the Jewel in the Crown Shine Again

Lo, Chang-fa (et al.)

Between “Member-Driven Governance” and “Judicialization”: Constitutional and Judicial Dilemmas in the World Trading System

Petersmann, Ernst-Ulrich

Reforming the Appellate Body

Matsushita, Mitsuo

The AB Crisis as Symptomatic of the WTO’s Foundational Defects or: How I Learned to Stop Worrying and Love the AB

Picker, Colin B.

The Impending Demise of the WTO Appellate Body: From Centrepiece to Historical Relic?

Wagner, Markus

WTO Appellate Body Overreach and the Crisis in the Making: A View from the South

Rajesh Babu, R.

Why the WTO Adjudicatory Crisis Will Not Be Easily Solved: Defining and Responding to “Judicial Activism”

Bhala, Raj

A Proper Balance Between WTO’s Members-Driven Nature and the Appellate Body’s Role as an Adjudicator—Careful Exercise of Judicial Activism

Lo, Chang-fa

The Judicial Style of the Appellate Body

Meagher, Niall

Interpretative Authority of the Appellate Body: Replies to the Criticism by the United States

Fukunaga, Yuka

Judicial Economy and Advisory Opinions of the Appellate Body–Potential Reform of Article 17.12 of the DSU

Chen, Tsai-fang

The Use of Panel Process to Improve the Function of the Appellate Body: A Proposal to Utilize the Expert Review Group

Kobayashi, Tomohiko

Disruptive Construction or Constructive Destruction? Reflections on the Appellate Body Crisis

Gao, Henry

WTO Appellate Body at Cross Roads: Options and Alternatives

Sharma, Rajesh

Appointment and Reappointment of the Appellate Body Members: Judiciary or Politics

Lee, Po-Ching

Should Appellate Body Members Work Full Time?

Dias Simões, Fernando

The WTO Appellate Body as a Trailblazer—Facilitation of Appellate Mechanism Discussion in Other International Courts

Lee, Jaemin

WTO AB as a Model for Other Adjudicatory Bodies—The Case of EU’s Investment Court System

Lam, Joanna

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