David Walker, New Zealand's Ambassador to the World Trade Organisation (WTO), presented members on Tuesday, 15 October, with ideas for resolving the impending paralysis threatening the WTO's Dispute Settlement Body (DSB) - and thus the multilateral organisation itself.
For 2 years now, the Trump administration has vetoed the appointment of new judges to the Appellate Body (WTOAB): on 11 December next, their number will be insufficient to enable it to continue its mission.
Appointed as facilitator by the members, Mr Walker tabled a draft General Council decision on the functioning of the WTOAB, aimed at responding point by point to the grievances expressed by the United States on it.
Appointments: The DSB is obliged to fill vacancies as they arise; the selection process will be automatically launched 180 days before the expiry of the mandates. As a general rule, members may be assigned to a new dispute up to a maximum of 60 days before the expiry of their term of office.
The deadlines: The WTOAB’s obligation to publish its report no later than 90 days after the date on which a party to the dispute has notified its intention to appeal is strengthened.
Scope of the appeal: the WTOAB cannot be authorised to conduct an ‘ex novo’ review, nor to complete the analysis of the facts of a dispute, and may not address issues that have not been raised by the parties.
Case law: a WTO dispute settlement procedure does not set a precedent; however, the WTOAB and panels must ensure consistency in the interpretation of the law.
Similarly, their recommendations may not overreach their initial scope and thus modify the rights and obligations of members.
Dialogue: an informal meeting between members and the WTOAB will be held once a year.
Members will discuss these proposals at the next General Council in the second week of December. (Original version in French by Hermine Donceel)