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7 - The Appellate Process

Published online by Cambridge University Press:  27 January 2022

David Palmeter
Affiliation:
Sidley Austin LLP
Petros C. Mavroidis
Affiliation:
Columbia University, New York
Niall Meagher
Affiliation:
Advisory Centre on WTO Law (ACWL)
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Summary

This chapter examines the WTO Appellate Body, describing the origins and structure of the Appellate Body. The chapter goes step-by-step through the appellate process. It discusses some of the issues that have arisen regarding the scope of appellate review, including the distinction between questions of law and questions of fact; the treatment of municipal law; remand authority; judicial economy; and appeals under Article 11 of the DSU. The chapter provides a detailed explanation of the current crisis in the WTO Appellate Body and describes the efforts that have been made to resolve the impasse, includingg the so-called Walker Process and the MPIA arrangement that has been set up by several Members as a temporary alternative to the Appellate Body.

Type
Chapter
Information
Dispute Settlement in the World Trade Organization
Practice and Procedure
, pp. 348 - 405
Publisher: Cambridge University Press
Print publication year: 2022

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