WTO Dispute Settlement: Is There a Future for the Appellate Body?

For 25 years, the World Trade Organization’s Appellate Body served as a “last resort” for the WTO’s 164 member countries to seek binding resolutions to trade disputes. The United States continues to block the appointment of new members to the Appellate Body because of concerns about overreach. As a result, the Appellate Body ceased to function in December 2019 when the terms of two of its remaining three members expired, leaving it unable to hear appeals. Richard Steinberg and Kathleen Claussen discuss the U.S. position, how it differs from the perspectives of other member countries, the risk the Appellate Body collapse poses to the international trading system, proposals for reform of the system, and possible ways to restore binding dispute settlement either temporarily or more permanently. Featuring: Kathleen Claussen, Associate Professor, University of Miami School of Law Richard Steinberg, Jonathan D. Varat Professor of Law & Professor of Political Science, UCLA Law Moderator: Matthew Schaefer, Veronica Haggart and Charles Work Professor of International Trade Law, University of Nebraska College of Law This webinar is part of a six-session series on “International Trade: Measuring and Managing Risk and Uncertainty,” hosted by the Yeutter Institute with support from the CME Group Foundation.