The Appellate Body of the WTO and Its Reform

The Appellate Body of the WTO and Its Reform

Edited by Chang-fa Lo · Junji Nakagawa · Tsai-fang Chen
Springer-Verlag January 2020

Specifications

ISBN-13
9789811502545
Publisher
Springer-Verlag
Publication
January 2020
Format
Hardback
Jurisdiction
Singapore ? Countri(es) for reference only

Also available as

Paperback

Details

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.

Table of Contents

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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