Healing the WTO: Cure or Amputate the Appellate Body?
The World Trade Organization (WTO) currently faces the biggest crisis since its inception in 1995. Events that appear as bureaucratic chess games threaten to risk the business rules of major trading nations around the globe. On 11 December, the Appellate Body, the committee dealing with WTO members’ appeals became incapacitated after its membership dropped from three – the minimum to take decisions on cases – to only one remaining adjudicator. New appointments have been blocked by the United States since June 2017. This effectively shuts down the body, because the minimum requirement for any decision is three judges. In a recent move, the U.S. government has placed a veto on any funding for the Appellate Body’s secretariat in Geneva, meaning that it will have to stop operating at the beginning of 2020.