WTO Appellate body

Question 1

Trade agreements

Answer 1

Trade agreements are about economic cooperation, it is one of the eldest form of cooperation in IL.

Question 2

Creation of WTO

Answer 2

1995, one of the youngest International Organization.
When states were not parties to the PCA, there was no court to settle dispute about economic situation.

Question 3

Structure of the WTO

Answer 3

164 members accounting for 98% of world trade, making it casi-universal.
Objective: help trade flow smoothly, freely & predictably.
Administer trade agreements act as a forum for trade negotiations, reviewing national trade policies, build the trade capacity of developing economies, cooperate with other international organizations & set trade disputes.

Question 4

Dispute settlement body

Answer 4

Resolution of disputes.
Monitors the implementation of the ruling and recommendations.
Sole one authorize to establish panel of experts and the sole one to accept or reject the panel findings or even the result of an appeal.

Question 5

Settlement of dispute

Answer 5

1. Consultation: Takes up to 60 days. Allows the countries in dispute to talk to each other, to see if they can settle their differences by themselves.
2. The panel: The panel has 6 months to conclude. At this stage, this is a consultation panel. Then if the consultation fails, the complaining country may ask for another panel to be appointed. The panels consists of 3 to 5 experts from different countries. They will examine the evidence and decide who is right and who is wrong.
3. Potential appeal: have to be based on points of law and not on points of facts. Should not take more than 90 days.