The World Trade Organization (WTO) Appellate Body crisis: A critical analysis
| dc.contributor.advisor | Ismail, Faizel | |
| dc.contributor.author | Dhlamini, Phumelele Tracy | |
| dc.date.accessioned | 2021-08-06T08:47:33Z | |
| dc.date.available | 2021-08-06T08:47:33Z | |
| dc.date.issued | 2021 | |
| dc.date.updated | 2021-08-05T09:17:18Z | |
| dc.description.abstract | 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. | |
| dc.identifier.apacitation | Dhlamini, P. T. (2021). <i>The World Trade Organization (WTO) Appellate Body crisis: A critical analysis</i>. (). ,Faculty of Law ,Department of Commercial Law. Retrieved from http://hdl.handle.net/11427/33713 | en_ZA |
| dc.identifier.chicagocitation | Dhlamini, Phumelele Tracy. <i>"The World Trade Organization (WTO) Appellate Body crisis: A critical analysis."</i> ., ,Faculty of Law ,Department of Commercial Law, 2021. http://hdl.handle.net/11427/33713 | en_ZA |
| dc.identifier.citation | Dhlamini, P.T. 2021. The World Trade Organization (WTO) Appellate Body crisis: A critical analysis. . ,Faculty of Law ,Department of Commercial Law. http://hdl.handle.net/11427/33713 | en_ZA |
| dc.identifier.ris | TY - Master Thesis AU - Dhlamini, Phumelele Tracy AB - 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. DA - 2021_ DB - OpenUCT DP - University of Cape Town KW - Appellate Body KW - Dispute Settlement Body (DSB) KW - Dispute settlement system KW - Dispute Settlement Understanding (DSU) KW - and the World Trade Organization (WTO) LK - https://open.uct.ac.za PY - 2021 T1 - The World Trade Organization (WTO) Appellate Body crisis: A critical analysis TI - The World Trade Organization (WTO) Appellate Body crisis: A critical analysis UR - http://hdl.handle.net/11427/33713 ER - | en_ZA |
| dc.identifier.uri | http://hdl.handle.net/11427/33713 | |
| dc.identifier.vancouvercitation | Dhlamini PT. The World Trade Organization (WTO) Appellate Body crisis: A critical analysis. []. ,Faculty of Law ,Department of Commercial Law, 2021 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/33713 | en_ZA |
| dc.language.rfc3066 | eng | |
| dc.publisher.department | Department of Commercial Law | |
| dc.publisher.faculty | Faculty of Law | |
| dc.subject | Appellate Body | |
| dc.subject | Dispute Settlement Body (DSB) | |
| dc.subject | Dispute settlement system | |
| dc.subject | Dispute Settlement Understanding (DSU) | |
| dc.subject | and the World Trade Organization (WTO) | |
| dc.title | The World Trade Organization (WTO) Appellate Body crisis: A critical analysis | |
| dc.type | Master Thesis | |
| dc.type.qualificationlevel | Masters | |
| dc.type.qualificationlevel | LLM |