WTO Appellate Body without Legitimacy
Is there any practical value to international agreements without enforcement instruments? And can the multilateral rules of the world trade system hold the trust of the member states, so that they continue to adhere to the mutual benefits and obligations under WTO law – even if the WTO dispute settlement system is totally or even partially incapacitated?
One of the key achievements of the Uruguay Round was that the member states provided the world trade system with a dispute settlement system. However, this is increasingly being challenged: last December, the USA continued to withhold its consent for the required replacement of vacant positions, thus rendering the WTO Appellate Body indefinitely unable to carry out its function. A new report by the US Trade Representative now seeks to justify this with a central statement claiming that the Appellate Body lacks legitimacy.[...]