Constitutional Functions of the WTO and Regional Trade Agreements

Cottier, Thomas; Foltea, Marina

doi:10.1093/acprof:oso/9780199206995.003.0004

Cited by 20 publications

(4 citation statements)

References 54 publications

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“…[4] Although the Appellate Body has been suspended, it is undeniable that the Appellate Body still has an irreplaceable role to play in clarifying WTO regulations, ensuring consistency in the interpretation of WTO regulations, and thus maintaining the security and certainty of the WTO system. [5] Currently, even though the Appeals Body has been paralyzed, some members, in their quest for a just decision, are still filing appeals, with a total of 24 cases in the appeals process. In order to address the concern that the WTO dispute settlement mechanism will revert to the GATT era, 18 WTO members, including China and the European Union, agreed on a transitional arrangement on April 30, 2020.…”

Section: Mpia Born Out Of Adversitymentioning

confidence: 99%

Reform of the WTO Appellate Body: Inspiration from the MPIA Practice Trial

2023

law

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As a brilliant innovation of WTO, the Appellate Body has dealt with a number of international trade disputes since its establishment, which is of special reference significance to the dispute settlement mechanism. When the Appellate Body was paralyzed and suspended for more than three years, the MPIA emerged as an appellate arbitration mechanism to replace the appellate process temporarily. The MPIA rules mainly based on the appellate process and have been improved and practically tested in the more consensual aspects of the Appellate Body's reform program, such as trial limit management and focus on necessity disputes, which can provide reference for the future reform of the Appellate body.

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Section: Mpia Born Out Of Adversitymentioning

confidence: 99%

Reform of the WTO Appellate Body: Inspiration from the MPIA Practice Trial

2023

law

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“…Therefore, the Appellate Body is both political and judicial. As its establishment is conducive to enhancing understanding and clarification of WTO agreements, it gradually become a core factor in the security and predictability of the world trading system [3].…”

Section: Overview Of Wto Appellate Bodymentioning

confidence: 99%

Crisis and Reform Direction of WTO Appellate Body

Yang¹

2021

Advances in Social Science, Education and Humanities Research

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As the final decision-making body for the settlement of trade disputes, the WTO Appellate Body is known as the "jewel in the crown". However, since 2019, the Appellate Body has been locked out due to insufficient members. The current situation of the Appellate Body urgently needs corresponding reform plans. Based on the analysis of the development process and basic characteristics of the Appellate Body, this article clarifies the main drawbacks that appear in its operation and analyzes the current challenges it faces. The author believes that the resumption of the WTO Appellate Body needs to solve the existing institutional problems. As a temporary arrangement, MPIA, short for Multi-Party Interim Appeal Arbitration Arrangement, cannot completely replace the Appellate Body. Therefore, member states must reach a consensus as soon as possible to maintain the stability of the multilateral trading system and the prosperity of the world economy.

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“…They submitted a number of proposals for this purpose and these proposals addressed a number of issues. 40 The issues are mainly related to improving transparency and the interpretation of the concept of 'substantially all the trade.' 41 Against this background, WTO Members, meeting at the Fourth Ministerial Conference in Doha, agreed to launch negotiations aimed at clarifying and improving the disciplines and procedures under the existing WTO provisions applying to RTAs, while taking due account of the developmental aspects of these agreements.…”

Section: Doha Round Negotiations and Transparency Mechanismmentioning

confidence: 99%

“…The formulation of a principle is required so that examination and approval of RTAs is necessary prior to their coming into force, provided the examination occurs within a defined time frame. 21…”

Section: The Obligation To Notifymentioning

confidence: 99%

Development and Prospect of the CRTA in WTO system

Kim

2009

International Area Review

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RTAs represent both a challenge and an opportunity for the WTO system. Many issues are emerging regarding the linkages or the conflicts between RTAs and the WTO in different legal aspects. Furthermore, RTAs and the WTO rules have reciprocal influence on each other in various ways. Therefore, it is required to harmonise RTAs and WTO rules. The main objective of this paper is related to these issues. It researches the development of the Committee on Regional Trade Agreements (CRTA) and detects the problems of the RTAs regulations by the CRTA. The inability of the CRTA of the WTO to come to decisions on whether RTAs satisfy Article XXIV of the GATT is a problem in the first place. In the absence of such determination, transparency is important, as this helps mobilise domestic and regional groups who are negatively affected by RTA policies. Although it is not perfect, the improvement of the Transparency Mechanism with Doha Round negotiations made important progress in multilateral surveillance of the WTO on RTAs.

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Constitutional Functions of the WTO and Regional Trade Agreements

Cited by 20 publications

References 54 publications

Reform of the WTO Appellate Body: Inspiration from the MPIA Practice Trial

Reform of the WTO Appellate Body: Inspiration from the MPIA Practice Trial

Crisis and Reform Direction of WTO Appellate Body

Development and Prospect of the CRTA in WTO system

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