From Paralysis to Renewal:

The increasing complexity of international disputes and the significant shifts in political and economic relations underscore the imperative for reforming the current WTO dispute settlement mechanism. The paralysis of the Appellate Body and the diminishing authority and credibility of the mechanism, exacerbated by the United States' trend toward de-judicialization, reveal fundamental flaws in WTO rules and the fragility of the multilateral trading system. Key factors contributing to the crisis include the challenges of adapting traditional rules to the new environment, the encroachment of sovereign interests, the risks of politicization, and the inadequacies of institutional design and effectiveness. At the core of the crisis is the clash between the inherent deficiencies of the system and the proactive judicialization trend, which necessitates centering reform efforts on rehabilitating the Appellate Body's judicial functions. Systemic reforms should follow a two-pronged approach: modernizing the rules while improving institutional mechanisms. Additionally, reform efforts should focus on redefining the boundaries of judicialization and adjusting the dispute settlement models within the framework of regional trade agreements, thereby enhancing the resilience of the system and establishing a more inclusive and diverse dispute settlement mechanism.

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Publication Details

Journal
Revista de Direito Internacional e Globalização Econômica
Published
2025-05-15
DOI
https://doi.org/10.23925/2526-6284/2024.v4n4.71592
Primary Topic
World Trade Organization Law
Type
article
Field-Weighted Citation Impact
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article

From Paralysis to Renewal:

Xiaoqian Hao
Revista de Direito Internacional e Globalização Econômica
World Trade Organization Law
article

From Paralysis to Renewal:

Xiaoqian Hao
article en

Abstract

The increasing complexity of international disputes and the significant shifts in political and economic relations underscore the imperative for reforming the current WTO dispute settlement mechanism. The paralysis of the Appellate Body and the diminishing authority and credibility of the mechanism, exacerbated by the United States' trend toward de-judicialization, reveal fundamental flaws in WTO rules and the fragility of the multilateral trading system. Key factors contributing to the crisis include the challenges of adapting traditional rules to the new environment, the encroachment of sovereign interests, the risks of politicization, and the inadequacies of institutional design and effectiveness. At the core of the crisis is the clash between the inherent deficiencies of the system and the proactive judicialization trend, which necessitates centering reform efforts on rehabilitating the Appellate Body's judicial functions. Systemic reforms should follow a two-pronged approach: modernizing the rules while improving institutional mechanisms. Additionally, reform efforts should focus on redefining the boundaries of judicialization and adjusting the dispute settlement models within the framework of regional trade agreements, thereby enhancing the resilience of the system and establishing a more inclusive and diverse dispute settlement mechanism.

Revista de Direito Internacional e Globalização EconômicaVol. 4(4-Ext)
Lanzhou University (CN)
Openalex Percentile: Top 84%
World Trade Organization Law
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From Paralysis to Renewal: — Xiaoqian Hao · Revista de Direito Internacional e Globalização Econômica (2025) | TGRS Research Map | TGRS