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Remedying the absence of the World Trade Organisation's Appellate Body for the proper functioning of the dispute settlement system
Mini Dissertation (LLM (International Trade and Investment Law in Africa))--University of Pretoria, 2025
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2025
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| _version_ | 1867613633252425728 |
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| access_status_str | Open Access |
| author2 | Ngobeni, Tinyiko |
| author_browse | Ngobeni, Tinyiko |
| author_facet | Ngobeni, Tinyiko |
| collection | Thesis |
| dc_rights_str_mv | © 2024 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini Dissertation (LLM (International Trade and Investment Law in Africa))--University of Pretoria, 2025 |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/106986 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:39:14.996Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2025 |
| publishDateRange | 2025 |
| publishDateSort | 2025 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/106986 Remedying the absence of the World Trade Organisation's Appellate Body for the proper functioning of the dispute settlement system Ngobeni, Tinyiko marygeetshabz@gmail.com Tshabangu, Marygold Silethemba UCTD Sustainable Development Goals (SDGs) World Trade Organisation Appellate body Dispute settlement Mini Dissertation (LLM (International Trade and Investment Law in Africa))--University of Pretoria, 2025 The World Trade Organisation’s (WTO) dispute settlement system is facing an unprecedented crisis of all time, following the United States of America’ (US) sustained blockage of the appointment and reappointment of Appellate Body members. The US has justified its stance, already implemented since 2011 by raising several substantive and procedural concerns with the Appellate Body’s non-compliance with the Dispute Settlement Understanding (DSU) and WTO rules. On 10 December 2019, the Appellate Body became non-functional after the terms of the two of the remaining members expired, leaving the Appellate Body with one member and without the required quorum to hear an appeal. While the dispute settlement system continues to operate at panel stage and the right to appeal under article 16.4 of the DSU remains intact, appealed panel reports have been left in limbo for an indefinite period. Consequently, the research seeks to analyse how the non-functioning of the WTO’s Appellate Body can be remedied to ensure the proper functioning of the dispute settlement system. The findings of the study seek to provide insights into the ways in which appeals can be resolved, awaiting a permanent solution to this unprecedented crisis. Centre for Human Rights LLM (International Trade and Investment Law in Africa) Unrestricted Faculty of Laws None 2025-11-28T11:00:09Z 2025-11-28T11:00:09Z 2025-12-10 2025-08-30 Mini Dissertation * D2025 http://hdl.handle.net/2263/106986 en © 2024 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Sustainable Development Goals (SDGs) World Trade Organisation Appellate body Dispute settlement Remedying the absence of the World Trade Organisation's Appellate Body for the proper functioning of the dispute settlement system |
| title | Remedying the absence of the World Trade Organisation's Appellate Body for the proper functioning of the dispute settlement system |
| title_full | Remedying the absence of the World Trade Organisation's Appellate Body for the proper functioning of the dispute settlement system |
| title_fullStr | Remedying the absence of the World Trade Organisation's Appellate Body for the proper functioning of the dispute settlement system |
| title_full_unstemmed | Remedying the absence of the World Trade Organisation's Appellate Body for the proper functioning of the dispute settlement system |
| title_short | Remedying the absence of the World Trade Organisation's Appellate Body for the proper functioning of the dispute settlement system |
| title_sort | remedying the absence of the world trade organisation s appellate body for the proper functioning of the dispute settlement system |
| topic | UCTD Sustainable Development Goals (SDGs) World Trade Organisation Appellate body Dispute settlement |
| url | http://hdl.handle.net/2263/106986 |