The Crisis Of WTO Appellate Body And Its Solutions

With the development of economic globalization,trade between countries is becoming more and more frequent,and all kinds of trade frictions and trade disputes are increasing significantly.The efficient settlement of disputes and rulings of WTO dispute settlement mechanism are binding,which plays an important role in maintaining the changeable trade system.In particular,the establishment of the Appellate Body in the dispute settlement mechanism,to a certain extent,has set a precedent for the final trial of the second instance of international dispute settlement,which also makes the WTO dispute settlement more fair and effective.However,under the continuous obstruction of the United States,was paralyzed due to the failure of appointment of new members by December 10,2019.The crisis of paralysis is the result of many factors.In response to the paralysis crisis,China,Japan,Canada and other WTO members put forward various reform programs,but failed because they failed to meet the core interests of the United States.This paper aims to seek solutions to the crisis in the context of the collapse of the Appellate Body of WTO.In addition to the introduction,this paper consists of five parts.The first part analyzes the historical evolution of the Appellate Body,and introduces the origin and organizational characteristics,so as to understand it as a whole and pave the way for writing.The second part analyzes the defects of the Appellate Body.First of all,it discusses the current difficulties and analyzes the causes thereof,and then finds out the defects.The defects mainly include the limitation of the scope of the appeal review,the lack to remand the case,the lack of the right of the appeal procedure to reject the appeal and the malpractice of the election of the appeal members.The third part is to analyze the major economies’ claims on the reform of the appellate body.First sort out the reform plan of the appeal body proposed by the United States,European Union,China and other countries,and then further analyze the plan to provide reference and reference for the countermeasures proposed later.The fourth part puts forward solutions and countermeasures.The countermeasures are divided into two aspects.On the one hand,in view of the improvement of the above-mentioned institutions,it is mainly to extend the time to complete the procedures of the appellate institutions,increase the number of members of the appellate institutions,and introduce the principle of reverse consensus in the selection and voting of judges and optimize the appellate procedures.On the other hand,it is intended to build an alternative mechanism,that is,to select the members of the Appellate Body by initiating the voting of the members,to establish another dispute settlement mechanism by copying the existing DSU dispute settlement procedure without the participation of the United States,to establish a new appeal mechanism by large-scale agreements,and to use the Arbitration Clause 25 of DSU as an alternative to the appeal mechanism.The collapse of the Appellate Body does not mean that the rule-based dispute settlement has ceased in the WTO,and it should actively seek solutions.The final part is the conclusion.Looking forward to the response to the crisis of the WTO appellate body and its future direction.The paralysis of the appellate body does not mean that rule-based dispute settlement has ceased at the WTO,and a solution should be actively sought.