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The World Trade Organization (WTO) Appellate Body crisis: A critical analysis
The World Trade Organization (WTO) dispute settlement system is facing unprecedented challenges, following the United States (US) decision to block the appointment of all Appellate Body members. The US has justified its blocking tactic, already implemented since 2017 by raising several procedural an...
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| Format: | Thesis |
| Language: | English |
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Department of Commercial Law
2021
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| _version_ | 1867613244543205376 |
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| access_status_str | Open Access |
| author | Dhlamini, Phumelele Tracy |
| author2 | Ismail, Faizel |
| author_browse | Dhlamini, Phumelele Tracy Ismail, Faizel |
| author_facet | Ismail, Faizel Dhlamini, Phumelele Tracy |
| author_sort | Dhlamini, Phumelele Tracy |
| collection | Thesis |
| description | The World Trade Organization (WTO) dispute settlement system is facing unprecedented challenges, following the United States (US) decision to block the appointment of all Appellate Body members. The US has justified its blocking tactic, already implemented since 2017 by raising several procedural and substantive concerns with the Appellate Body's failure to follow WTO rules. On 10 December 2019, the Appellate Body was forced to suspend its activities after the second terms of two of the remaining three members expired. While the WTO dispute settlement system continues to function at the panel stage, the Appellate Body is currently unable to review appeals because it lacks the minimum number of three members required to establish a division. In addition, the collapse of the Appellate Body means that any party to a dispute can block the adoption of a panel report by filing a notice to appeal which is likely to remain in limbo for an indefinite period. Numerous studies have discussed the Appellate Body crisis and its implications for the WTO dispute settlement system. Few, however, have critically analysed the validity of the concerns that the US has raised about the Appellate Body's work over the past few years. Therefore, the purpose of this research is to discuss and critically analyse these concerns to determine whether the Appellate Body has indeed strayed from its limited mandate. In addition, the research will provide recommendations on how to save the appellate stage and ensure that appeals are resolved while WTO members attempt to find permanent solutions to this unprecedented crisis. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/33713 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:33:04.194Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2021 |
| publishDateRange | 2021 |
| publishDateSort | 2021 |
| publisher | Department of Commercial Law |
| publisherStr | Department of Commercial Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/33713 The World Trade Organization (WTO) Appellate Body crisis: A critical analysis Dhlamini, Phumelele Tracy Ismail, Faizel Appellate Body Dispute Settlement Body (DSB) Dispute settlement system Dispute Settlement Understanding (DSU) and the World Trade Organization (WTO) The World Trade Organization (WTO) dispute settlement system is facing unprecedented challenges, following the United States (US) decision to block the appointment of all Appellate Body members. The US has justified its blocking tactic, already implemented since 2017 by raising several procedural and substantive concerns with the Appellate Body's failure to follow WTO rules. On 10 December 2019, the Appellate Body was forced to suspend its activities after the second terms of two of the remaining three members expired. While the WTO dispute settlement system continues to function at the panel stage, the Appellate Body is currently unable to review appeals because it lacks the minimum number of three members required to establish a division. In addition, the collapse of the Appellate Body means that any party to a dispute can block the adoption of a panel report by filing a notice to appeal which is likely to remain in limbo for an indefinite period. Numerous studies have discussed the Appellate Body crisis and its implications for the WTO dispute settlement system. Few, however, have critically analysed the validity of the concerns that the US has raised about the Appellate Body's work over the past few years. Therefore, the purpose of this research is to discuss and critically analyse these concerns to determine whether the Appellate Body has indeed strayed from its limited mandate. In addition, the research will provide recommendations on how to save the appellate stage and ensure that appeals are resolved while WTO members attempt to find permanent solutions to this unprecedented crisis. 2021-08-06T08:47:33Z 2021-08-06T08:47:33Z 2021 2021-08-05T09:17:18Z Master Thesis Masters LLM http://hdl.handle.net/11427/33713 eng application/pdf Department of Commercial Law Faculty of Law |
| spellingShingle | Appellate Body Dispute Settlement Body (DSB) Dispute settlement system Dispute Settlement Understanding (DSU) and the World Trade Organization (WTO) Dhlamini, Phumelele Tracy The World Trade Organization (WTO) Appellate Body crisis: A critical analysis |
| thesis_degree_str | Master's |
| title | The World Trade Organization (WTO) Appellate Body crisis: A critical analysis |
| title_full | The World Trade Organization (WTO) Appellate Body crisis: A critical analysis |
| title_fullStr | The World Trade Organization (WTO) Appellate Body crisis: A critical analysis |
| title_full_unstemmed | The World Trade Organization (WTO) Appellate Body crisis: A critical analysis |
| title_short | The World Trade Organization (WTO) Appellate Body crisis: A critical analysis |
| title_sort | world trade organization wto appellate body crisis a critical analysis |
| topic | Appellate Body Dispute Settlement Body (DSB) Dispute settlement system Dispute Settlement Understanding (DSU) and the World Trade Organization (WTO) |
| url | http://hdl.handle.net/11427/33713 |
| work_keys_str_mv | AT dhlaminiphumeleletracy theworldtradeorganizationwtoappellatebodycrisisacriticalanalysis AT dhlaminiphumeleletracy worldtradeorganizationwtoappellatebodycrisisacriticalanalysis |