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WTO Dispute Settlement and the Appellate Body Crisis: Insider Perceptions and Members’ Revealed Preferences

Author

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  • Matteo Fiorini
  • Bernard Hoekman
  • Petros Mavroidis, Maarja Saluste and Robert Wolfe

Abstract

The WTO dispute settlement system is in crisis, endangering the future of the organization. The proximate reason for alarm is the dwindling number of Appellate Body (AB) members, the result of the United States blocking new appointments as the terms of sitting members expire. The AB crisis usually is presented as the U.S. against the world. 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) and contrast this with Members’ revealed preferences in their use of the dispute settlement system and their intervention in WTO debates about the crisis. The data reveal strong support for the basic de-sign of the dispute settlement system but also that the United States is not alone in perceiving that the AB has gone beyond its mandate.

Suggested Citation

  • Matteo Fiorini & Bernard Hoekman & Petros Mavroidis, Maarja Saluste and Robert Wolfe, 2019. "WTO Dispute Settlement and the Appellate Body Crisis: Insider Perceptions and Members’ Revealed Preferences," RSCAS Working Papers 2019/95, European University Institute.
    • Handle: RePEc:rsc:rsceui:2019/95
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    References listed on IDEAS

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    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. Robert Wolfe, 2020. "Reforming WTO Conflict Management. Why and How to Improve the Use of “Specific Trade Concerns”," RSCAS Working Papers 2020/53, European University Institute.

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    More about this item

    Keywords

    WTO; Appellate Body; dispute settlement; conflict resolution;
    All these keywords.

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