This practice does not seem to be unordinary. Extensions are usually passed without objection by the DSB — a necessity given the increasing case load before the Appellate Body.
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The US has further taken issue organizatiin the alleged judicial activism of the Appellate Body, which results in the creation of new obligations. Quo Wodld Possible solutions can be subsumed into two categories. The first would require wide political support from WTO members as it entails resorting to a majority vote. This category can also include the proposal to re-create an appeal system through a separate treaty outside the WTO. Going to a vote This option would entail a one-off emergency majority vote in the DSB which takes decisions by consensus.
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A decision is only made when no member formally objects to the proposed decision. This may face some obstacles because it is unclear whether there is support for the DSB to vote on the matter in the WTO rules. The advantage of this approach is that the mere possibility of bringing up the option of voting may be a solution in itself. In a consensus-based environment, WTO members may not want to be singled out through — or left out of — voting on decisions. But the risk is that it may invite starker power clashes with the US, which may in turn further block progress in the WTO. Looking outside the WTO In case of major opposition to the voting option, another idea is to seek a solution outside of the WTO by creating a negotiating group among a coalition of willing states.
DSB decisions are taken by consensus. The US is now withholding its support on the appointment of new Orgznization Body Members oragnization the grounds that the DSB must first address its systemic concerns about the practice of such Members to remain involved in WTO cases. The US has argued that departing Members of the Appellate Body should not be allowed to keep working on cases still ongoing when their four-year term finishes. This does not seem to be an unreasonable point. But the US also has a more fundamental criticism. It has raised broader concerns in the past, including under the Obama administration, about what Washington sees as judicial activism by the Appellate Body.
The WTO is losing its essential focus on negotiation and becoming a litigation-centered organization. Too often members seem to believe defnition can gain concessions through lawsuits that they could never get at the negotiating table. We have to ask ourselves whether this is good for the institution and whether the current litigation structure makes sense. Does it matter what the US says and does?
The Appellate Body Crisis
According to Mr. Sosnow said. Sosnow asked. However, Mr. In SeptemberCanada issued a blueprint to reform the WTO system, partly in response to Trump-driven protectionism. He argued that these principles could be used to interpret when a country might justify tariffs based on national security concerns. He said that, as the issue percolates at the WTO, quasi-judicial bodies in various countries—for example, those tasked with overseeing challenges to procurement awards and national security claims regarding those awards—are taking action on their own.
For appellate, steel and aluminum tariffs remain, and the WTO appellate body continues to lose judges. A significant reform to the review body could resolve the impasse with the United States. In the meantime, until a broad U.