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WTO Dispute Settlement and the Appellate Body: Insider perceptions and Members’ revealed preferences

Author

Listed:
  • Fiorini, Matteo
  • Mavroidis, Petros C.
  • Saluste, Maarja
  • Wolfe, Robert

Abstract

The WTO dispute settlement system is in crisis, following the decision of the United States to block new appointments to the Appellate Body (AB). The AB went into hibernation in December 2019, not having enough sitting members to be able to operate. What do WTO members think of the performance of WTO dispute settlement? How much do WTO members care about the existence and operation of an appeals mechanism? In this paper, we report on the results of a survey of WTO Members’ perceptions of the AB and the role it plays (should play). We complement this with data on Members’ revealed preferences in their use of the dispute settlement system, their intervention in WTO debates on the AB crisis and their responses to demise of the AB. The data reveal strong support for the basic design of the dispute settlement system but also that the United States is not alone in perceiving that the AB went beyond its mandate. There are substantive questions that need to be addressed if the Appellate Body impasse is to be resolved.

Suggested Citation

  • Fiorini, Matteo & Mavroidis, Petros C. & Saluste, Maarja & Wolfe, Robert, 2020. "WTO Dispute Settlement and the Appellate Body: Insider perceptions and Members’ revealed preferences," CEPR Discussion Papers 14834, C.E.P.R. Discussion Papers.
    • Handle: RePEc:cpr:ceprdp:14834
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    References listed on IDEAS

    as
    1. Johannesson, Louise & Mavroidis, Petros C., 2017. "The WTO Dispute Settlement System 1995-2015: A Data Set and its Descriptive Statistics," Working Paper Series 1148, Research Institute of Industrial Economics.
    2. Petros C. Mavroidis, 2016. "Dispute Settlement in the WTO. Mind over Matter," RSCAS Working Papers 2016/04, European University Institute.
    3. Louise Johannesson & Petros C. Mavroidis, 2016. "The WTO Dispute Settlement System 1995-2016: A Data Set and its Descriptive Statistics," RSCAS Working Papers 2016/72, European University Institute.
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    Cited by:

    1. Bernard Hoekman & Xinquan Tu & Robert Wolfe, 2022. "China and WTO Reform," RSCAS Working Papers 2022/59, European University Institute.
    2. Robert Wolfe, 2021. "Informal Learning and WTO Renewal: Using Thematic Sessions to Create More Opportunities for Dialogue," Global Policy, London School of Economics and Political Science, vol. 12(S3), pages 30-40, April.
    3. Bernard Hoekman & Robert Wolfe, 2021. "Reforming the World Trade Organization: Practitioner Perspectives from China, the EU, and the US," China & World Economy, Institute of World Economics and Politics, Chinese Academy of Social Sciences, vol. 29(4), pages 1-34, July.
    4. Bernard M. Hoekman & Petros C. Mavroidis & Maarja Saluste, 2020. "Informing WTO Reform: Dispute Settlement Performance, 1995-2020," RSCAS Working Papers 2020/59, European University Institute.
    5. Bernard Hoekman & Petros C. Mavroidis, 2021. "WTO Reform: Back to the Past to Build for the Future," Global Policy, London School of Economics and Political Science, vol. 12(S3), pages 5-12, April.
    6. Robert Wolfe, 2020. "Informal Learning and WTO Renewal. Using Thematic Sessions to Create More Opportunities for Dialogue," RSCAS Working Papers 2020/51, European University Institute.

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    More about this item

    Keywords

    Wto; Appellate body; Dispute settlement; Conflict resolution;
    All these keywords.

    JEL classification:

    • F13 - International Economics - - Trade - - - Trade Policy; International Trade Organizations

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