Article 21.5 DSU Appellate Body Report United States—Measures Affecting Trade in Large Civil Aircraft (Second Complaint): Spillovers from Defense R&D Add to the Tug-of-War Between Panels and the WTO Appellate Body

2020 ◽  
Author(s):  
Jennifer Hillman ◽  
Kara M. Reynolds
Keyword(s):  
United States ◽  
Appellate Body Report ◽  
Appellate Body ◽  
Civil Aircraft ◽  
Wto Appellate Body

II.2 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM SELECTED CASE LAW

2020 ◽  
pp. 409-436
Keyword(s):  
United States ◽  
European Union ◽  
Case Law ◽  
The United States ◽  
Commercial Vehicles ◽  
Member States ◽  
Panel Report ◽  
Appellate Body Report ◽  
Appellate Body ◽  
Civil Aircraft

European Union—Anti-Dumping Measures on Biodiesel from Indonesia (WT/DS480/R), Panel Report circulated on 25 January 2018, adopted on 28 February 2018 Russia—Anti-Dumping Duties on Light Commercial Vehicles from Germany and Italy (WT/DS479/AB/R), Appellate Body Report circulated on 22 March 2018, adopted on 9 April 2018 European Communities and Certain Member States—Measures Affecting Trade in Large Civil Aircraft. Recourse to Article 21.5 of the DSU by the United States (WT/DS487/AB/RW)...

scholarly journals U.S. Refusal to Appoint Members Renders WTO Appellate Body Unable to Hear New Appeals

2020 ◽  
Vol 114 (3) ◽  
pp. 518-525
Keyword(s):  
United States ◽  
World Trade Organization ◽  
World Trade ◽  
Dispute Settlement ◽  
The United States ◽  
Appellate Body Report ◽  
Appellate Body ◽  
The World ◽  
Bona Fide ◽  
Wto Appellate Body

Over the last few years, the United States has been pressuring the World Trade Organization (WTO) to reform the Appellate Body by refusing proposals to fill vacancies. On December 10, 2019, the terms of two Appellate Body members expired, leaving one member left for the seven-member body. This has brought new appeals to a standstill, as an appeal from a panel established by the Dispute Settlement Body must be heard by three Appellate Body members. In February of 2020, the United States elaborated on its complaints about the Appellate Body in a report published by the Office of the United States Trade Representative. In the spring of 2020, in response to the continued U.S. resistance to filling vacancies on the Appellate Body, a group of WTO members established an interim arrangement to handle appeals through arbitration. Also in the spring of 2020, the United States described as invalid a recent Appellate Body report regarding a dispute between Canada and the United States, asserting that none of the three persons who issued the report were in fact bona fide Appellate Body members.

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