The Appellate Body of the WTO and Its Reform / edited by Chang-fa Lo, Junji Nakagawa, Tsai-fang Chen.

Format:

Book

Contributor:

Lo, Chang-fa., Editor.

Nakagawa, Junji., Editor.

Chen, Zaifang, Editor.

Language:

English

Subjects (All):

International law.

Trade.

Mediation.

Dispute resolution (Law).

Conflict management.

Environmental law, International.

International Economic Law, Trade Law.

Dispute Resolution, Mediation, Arbitration.

Sources and Subjects of International Law, International Organizations.

International Environmental Law.

Local Subjects:

International Economic Law, Trade Law.

Dispute Resolution, Mediation, Arbitration.

Sources and Subjects of International Law, International Organizations.

International Environmental Law.

Physical Description:

1 online resource (344 pages)

Edition:

1st ed. 2020.

Place of Publication:

Singapore : Springer Singapore : Imprint: Springer, 2020.

Summary:

This is the first book that critically examines the reform of the Appellate Body (AB) of the World Trade Organization (WTO) in light of the current crisis resulting from the U.S. blocking of the appointment of its members. The reform of the AB is critical, as the appointment crisis could lead to the demise of “the jewel in the crown,” which may even cause the dismantling of the WTO as a whole. This book covers various aspects of the crisis and its reform. Specifically, as the crisis cannot be fully understood without reviewing the role of the AB from the broader perspectives of the other functions of the WTO, the book examines the reform of the AB from the broader perspectives of the WTO governance. Additional focus is on the reform of the AB in relation to its specific functions. Available options are provided to address the AB crisis, as well as discussion of wider implications beyond the WTO. Contributed by world-renowned academics, experts, and practitioners in the field of international economic law, this volume provides a comprehensive analysis of the AB crisis and its solutions.

Contents:

Part I: The AB in the WTO Governance and Its Reform – Broader Perspectives

Introduction: Saving the Jewel in the Crown

Between “Member-Driven Governance” and “Judicialization”: Constitutional and Judicial Dilemmas in The World Trading System

Reforming the Appellate Body

The AB Crisis as Symptomatic of the WTO’s Foundational Defects or: How I Learned to Stop Worrying and Love the AB

The Impending Demise of the WTO Appellate Body: From Centrepiece to Historical Relic?

WTO Appellate Body Overreach and the Crisis in the Making: A View from the South

Part II: Reforms in Relation to the Basic Functions of the AB

Why the WTO Adjudicatory Crisis Will Not Be Easily Solved: Defining and Responding to “Judicial

Activism”

A Proper Balance between WTO’s Members-Driven Nature and the Appellate Body’s Role as an Adjudicator – Careful Exercise of Judicial Activism

The Judicial Style of the Appellate Body

Interpretative Authority of the Appellate Body: Replies to the Criticism by the United States

Judicial Economy and Advisory Opinions of the Appellate Body – Potential Reform of Article 17.12 of the DSU

The Use of Panel Process to Improve the Function of the Appellate Body: A Proposal to Utilize the Expert Review Group

Part III: Options to Address the Crisis and Wider Implications Beyond the WTO

Disruptive Construction or Constructive Destruction? Reflections on the Appellate Body Crisis

WTO Appellate Body at Crossroads: Options and Alternatives

Appointment and Reappointment of the Appellate Body Members: Judiciary or Politics

Should Appellate Body Members Work Full Time

The Appellate Body as a Trailblazer – Facilitation of Appellate Mechanism Discussion in Other International Courts

The WTO AB as a Model for Other Adjudicatory Bodies – the Case of EU Investment Court System

.

ISBN:

981-15-0255-2