The utility of appellate review at the WTO and its optimal structure

Abstract The impasse over the appointment of judges to the World Trade Organization (WTO) Appellate Body shows no signs of abating, raising considerable doubt about the future of appellate review in WTO disputes. This paper examines the rationale for appellate review in the WTO, drawing on both the history of the General Agreement on Tariffs and Trade and the economic literature assessing the desirability of appellate review in judicial systems. It argues that the WTO does not present a compelling economic case for a two-stage judicial process. It further argues that if some form of appellate review is to be retained in the WTO, a discretionary ‘certiorari-like’ mechanism may be the best option.

Authors

Publication Details

Journal
Journal of International Economic Law
Published
2024-09-09
DOI
https://doi.org/10.1093/jiel/jgae029
Citations
1
Primary Topic
World Trade Organization Law
Type
article
Field-Weighted Citation Impact
2.23
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article

The utility of appellate review at the WTO and its optimal structure

Alan O. Sykes
1 citations
Journal of International Economic Law
World Trade Organization Law
2.23
article

The utility of appellate review at the WTO and its optimal structure

Alan O. Sykes
article en
1 citations

Abstract

Abstract The impasse over the appointment of judges to the World Trade Organization (WTO) Appellate Body shows no signs of abating, raising considerable doubt about the future of appellate review in WTO disputes. This paper examines the rationale for appellate review in the WTO, drawing on both the history of the General Agreement on Tariffs and Trade and the economic literature assessing the desirability of appellate review in judicial systems. It argues that the WTO does not present a compelling economic case for a two-stage judicial process. It further argues that if some form of appellate review is to be retained in the WTO, a discretionary ‘certiorari-like’ mechanism may be the best option.

Journal of International Economic Law
Openalex Percentile: Top 11%
World Trade Organization Law
2.23
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