As WTO members look to solve the stalemate in Geneva, this article assesses the possible hard and soft solutions for breaking the deadlock. Where some of the harder options risk inviting starker power clashes with the US, which may in turn further stunt progress in the WTO, the author recommends exploring “softer” temporary options as a good start in de-blocking the situation. This would allow continuous access to justice for WTO members, while making concerted efforts to genuinely address at least some of the US concerns. The Appellate Body crisis at the World Trade Organization (WTO) has arisen from a decision by the United States not to support new appointments to the court. As a result, the activity of the seven-member Appellate Body risks freezing. One judge has resigned, and the terms of two others have already expired. This leaves the court with only four members to deal with a growing number of international trade disputes, and three judges required to hear each appeal. The result may be an Appellate Body rendered inoperable as it becomes increasingly impracticable to adopt decisions. The crisis cannot be blamed on a lack of popularity of the dispute settlement system, which has settled over...
Written by Marina Foltea