WTO Appellate Body Crisis And Solutions Concept

The appellate institution of WTO dispute settlement mechanism is of great significance for solving multilateral trade problems and disputes among members.At the end of 2019,however,the appellate institution was forced to suspend its operations because of a selection crisis,which lead to only one member remained.WTO appellate institution is the only appellate institution to settle disputes between countries at the level of international law.which has been running efficiently to settle trade disputes between countries and to safeguard the rights of members in WTO agreements since its establishment,having an significant influence on other international adjudicative organizations.But we should also acknowledge that the appellate institution itself does have problems,including problems between internal power-oriented and rule-oriented games and institutional setup and operational procedures for the appellate institution.At present,the appellate institution has stopped operating for more than a year,which is unable to carry out the work related to the appeal review,this is a blow to the WTO dispute settlement mechanism,and also has a significant impact on the multilateral trade field.Although there are many problems in the appellate institution,but small defects can't obscure great virtues and it is still necessary for the appellate institution as a whole,which has been running for more than twenty years and has solved many trade disputes among countries,accumulating a great deal of experience in dispute settlement,which has made important contributions to the development of international trade,promoting the development of international law greatly.From the emergence of the selection crisis to the complete paralysis taking up,the appellate body of WTO stems from the conflict between the political and economic game between the great powers and the design idea of WTO dispute settlement mechanism on the one hand;on the other hand,the problems of the appellate body existing in itself also can not be ignored.This paper first analyzes the origin of the appellate institution crisis,then analyzes the existing problems of the appellate institution,analyzing from the problems of the appellate institution of WTO dispute settlement mechanism from the level of institution setting and procedure running.Thirdly,combined the reform scheme offered by WTO members with the advantages and disadvantages of the temporary appeal arbitration procedure,which now is the emergency measures,we obtain the crux of the problem.Finally,from the concept and concrete measures,we put forward the reform scheme to solve the appellate institution shutdown dilemma.At the same time,on the basis of solving the lockout crisis of appellate institution,perfecting in a crisis,we hope to further improve the WTO dispute settlement mechanism,turning the crisis into opportunities,in order to better play the role of WTO dispute settlement mechanism in the future,to balance the relationship between WTO power-oriented and rule-oriented,and put the dispute settlement under the rule of rules as much as possible,so as to promote the WTO dispute settlement mechanism to develop towards a more powerful,more automatic and more reliable direction.