2019
DOI: 10.1017/s1474745619000144
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How Should WTO Members React to Their WTO Crises?

Abstract: Since 2017, the United States (US) and other World Trade Organization (WTO) members have been violating their legal duties and democratic mandates given by national parliaments to maintain the WTO Appellate Body (AB) as legally prescribed in Article 17 of the WTO Dispute Understanding (DSU). Article 17 defines the AB as being ‘composed of seven persons’, with vacancies being ‘filled as they arise’. Sections 2 and 3 explain why none of the reasons offered by the US for its blocking of the (re)appointment of AB … Show more

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Cited by 23 publications
(9 citation statements)
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“…However, if one or both of the hegemonic powers renounce their obligations or take actions that significantly weaken the WTO, then there are few formal safeguards to prevent economic disputes from escalating into intensive protectionism. Worryingly, the Trump Administration has taken efforts to undermine the WTO and the multilateral trade regime more generally (Petersmann 2019 ; Skonieczny 2019), leading many scholars and analysts to declare the Post-WWII world order as dying or dead (Kagan 2017 ; Mearsheimer 2019 ; Walt 2016 ).…”
Section: Global Stability In a Two-hegemon Worldmentioning
confidence: 99%
“…However, if one or both of the hegemonic powers renounce their obligations or take actions that significantly weaken the WTO, then there are few formal safeguards to prevent economic disputes from escalating into intensive protectionism. Worryingly, the Trump Administration has taken efforts to undermine the WTO and the multilateral trade regime more generally (Petersmann 2019 ; Skonieczny 2019), leading many scholars and analysts to declare the Post-WWII world order as dying or dead (Kagan 2017 ; Mearsheimer 2019 ; Walt 2016 ).…”
Section: Global Stability In a Two-hegemon Worldmentioning
confidence: 99%
“…28 So, the WTO Members proposed to amend the provisions of Article 17.2 of the DSU as follows. 1. The Appellate bodies "should deal with each of the issues raised by the parties in the appeal process," however, resolve the necessary degree or limitation of the dispute.…”
Section: Amendment Of Article 172mentioning
confidence: 99%
“…Since early 2017, the US has fully banned the filling of the Appellate Body (AB) members. 1 Such an unthinkable crisis of the WTO is due to the Doha Development Round's failure, the Trump administration's trade protectionism, and the increasing number of despots of popular regimes that have undermined constitutional democracy and principle-based pluralism. 2 Since 2018, the US-China trade war has exacerbated the AB crisis.…”
Section: Introductionmentioning
confidence: 99%
“…However, in the dispute between the US and China, the each side of the dispute indicates the opposite party as guilty of the whole situation. On the other hand, efficiency of the Appellate Body activities deteriorate (Petersmann, 2019). There were 129 appeals filed in 1995-2014.…”
Section: Dispute Settlement Body (Dsb) and Appellate Body (Ab)mentioning
confidence: 99%