Academic Floats Solution For WTO Appellate Body Turmoil

Law360, New York (November 3, 2017, 6:34 PM EDT) -- George Washington University law professor and former WilmerHale attorney Steve Charnovitz said Friday that the World Trade Organization's Appellate Body should cease accepting appeals if it encounters three vacancies, offering a path forward for the beleaguered institution.

The Appellate Body will soon see three of its seven seats vacated and has been struggling to get any new appointment processes off the ground as the U.S. delegation raises procedural concerns about opinions signed by departed judges. But Charnovitz, writing on the WorldTradeLaw.net blog, said that the appeals panel can take matters into its own hands.

Nodding to Article 17.9 of the WTO's...

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