An article by Stewart and Stewart’s Terence P. Stewart and recently published in the Global Trade and Customs Journal examines an increasing awareness and recognition of the often problematic decision-making of the World Trade Organization’s (“WTO”) Appellate Body. Critics – including former trade negotiators, GATT/WTO personnel, and even a member of the Appellate Body, itself – have suggested that the Appellate Body’s recent decisions demonstrate that the institution has extended the reach of its determinations well beyond the traditional boundaries of subject agreement terms and party intent; instead, the Appellate Body appears to have cast itself as an activist institution, injecting into its decisions its own beliefs about what individual agreements should mean. This shift has had a negative impact on global perception of the Appellate Body and may threaten its legitimacy if continued unchecked.
You can access the full text of “The Increasing Recognition of Problems with WTO Appellate Body Decision-Making: Will the Message Be Heard?” by Terence P. Stewart by clicking here. This article was reprinted with permission.