Pradels, Adrien (2026) The Paralysis of the WTO Appellate Body: The Geopolitical Manipulation of a Legal Principle. European Horizons Toulouse. [Caselaw headnote]

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Abstract

The Appellate Body was established in 1995 under Article 17 of the Understanding on Rules and Procedures Governing the Settlement of Disputes. The latter provides that the Appellate Body is composed of seven members serving staggered four-year terms, three of whom sit on any given appeal. Because three members constitute the absolute minimum quorum to hear a case, the Appellate Body has been completely non-functional since December 2019: ‘On 10 December the Appellate Body was reduced to one member after the second terms for two of the remaining three members expired’. Indeed, the United States (US) has continuously blocked the appointment of new judges since 2016, citing concerns over judicial overreach.

[Panel Report, Indonesia – Measures Relating to Raw Materials (30 November 2022) WT/DS592/R]