The appellate body of the WTO and its reform / Chang-fa Lo, Junji Nakagawa, Tsai-fang Chen, editors.

This is the first book that critically examines the reform of the Appellate Body (AB) of the World Trade Organization (WTO) in light of the current crisis resulting from the U.S. blocking of the appointment of its members. The reform of the AB is critical, as the appointment crisis could lead to the...

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Bibliographic Details
Other Authors: Luo, Changfa, 1956-, Nakagawa, Junji, 1955-, Chen, Tsai-Fang
Format: eBook
Language:English
Published: Singapore : Springer, ©2020.
Subjects:
Online Access:Click for online access
Table of Contents:
  • Part I: The AB in the WTO Governance and Its Reform
  • Broader Perspectives
  • Introduction: Saving the Jewel in the Crown
  • Between "Member-Driven Governance" and "Judicialization": Constitutional and Judicial Dilemmas in The World Trading System
  • Reforming the Appellate Body
  • The AB Crisis as Symptomatic of the WTOs Foundational Defects or: How I Learned to Stop Worrying and Love the AB
  • The Impending Demise of the WTO Appellate Body: From Centrepiece to Historical Relic?
  • WTO Appellate Body Overreach and the Crisis in the Making: A View from the South
  • Part II: Reforms in Relation to the Basic Functions of the AB
  • Why the WTO Adjudicatory Crisis Will Not Be Easily Solved: Defining and Responding to "Judicial
  • Activism"
  • A Proper Balance between WTOs Members-Driven Nature and the Appellate Bodys Role as an Adjudicator
  • Careful Exercise of Judicial Activism
  • The Judicial Style of the Appellate Body
  • Interpretative Authority of the Appellate Body: Replies to the Criticism by the United States
  • Judicial Economy and Advisory Opinions of the Appellate Body
  • Potential Reform of Article 17.12 of the DSU
  • The Use of Panel Process to Improve the Function of the Appellate Body: A Proposal to Utilize the Expert Review Group
  • Part III: Options to Address the Crisis and Wider Implications Beyond the WTO
  • Disruptive Construction or Constructive Destruction? Reflections on the Appellate Body Crisis
  • WTO Appellate Body at Crossroads: Options and Alternatives
  • Appointment and Reappointment of the Appellate Body Members: Judiciary or Politics
  • Should Appellate Body Members Work Full Time
  • The Appellate Body as a Trailblazer
  • Facilitation of Appellate Mechanism Discussion in Other International Courts
  • The WTO AB as a Model for Other Adjudicatory Bodies
  • the Case of EU Investment Court System