Yes, the WTO dispute resolution system IS “exceeding expectations” but not in a good way.  It’s regularly blown past its assigned role (a.k.a. “standard of review”) and is making up new obligations that can only properly be established through negotiated agreements.  Here is an excellent rack-up of the Appellate Body’s serial excesses, written by Terence Stewart and Elizabeth Drake and brought to us by the Alliance for American Manufacturing.  Anyone staking out a position on how the U.S. should be thinking about the WTO DSU going forward would do themselves (and the rest of us) the favor of giving this a careful reading.

Read the report here.



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