Lehne: Crisis at the WTO: Is the Blocking of Appointments to the WTO Appellate Body by the United States Legally Justified?

Crisis at the WTO: Is the Blocking of Appointments to the WTO Appellate Body by the United States Legally Justified?

Author: Jens Lehne

Published as Vol.6 in the series sui generis (Series editors: Daniel Hürlimann and Marc Thommen)

Date of Publication: 10/2019 (172 printed pages)

ISBN: 978-3-941159-40-2 (Hardcover)  Order your copy

ISBN: 978-3-941159-41-9 (PDF, Open Access)  Download (PDF 2,4 MB with CC BY 4.0 license – no of downloads: 88

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Since 2017, the United States has blocked all appointments to the Appellate Body of the World Trade Organization (WTO), thereby threatening to destroy the WTO’s dispute settlement system, one of the most active dispute settlement systems in international law and a central pillar of the multilateral trading system. The United States justifies its blockage with allegations of judicial overreach, claiming that the Appellate Body in its jurisprudence has not complied with the WTO treaties.

The author of this work, Jens Lehne, is professor of public economic law at the School of Management and Law of the Zurich University of Applied Sciences, Switzerland. He specializes in constitutional law, WTO law, and EU law.