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24/12/2019 - International Relations

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December 24, 2019

The World Trade Organisation Appellate Body going into an inactive state is a serious setback for the global, rules-based multilateral trading order. Examine (200 Words)

ReferThe Indian Express

Enrich the answer from other sources, if the question demands.

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IAS Parliament 5 years

KEY POINTS

The World Trade Organisation’s Appellate Body (AB)—which is part of the WTO’s dispute settlement mechanism—went into hibernation.

US’s Stubborness

·        The AB has gone into hibernation because the numbers of AB members kept dwindling, coming down to just one, due to the US blocking fresh appointments.

·        The US has also expressed other concerns such as the AB’s treatment of Chinese state-owned companies, violations of statutory timelines as the AB often takes more time than stipulated to decide on a case, and AB rulings having precedential value.

·        The US has turned out to be the biggest critic of the AB, while the Third World states like India are campaigning for its protection.
The AB has actually become a victim of its own success.

·        Both in terms of sheer volume of cases and the wealth of jurisprudence produced, the AB has outperformed most international courts and international tribunals.

Adverse implications

·        The most immediate implication would be that if any WTO panel report were appealed, it would go into a ‘void’, as the AB doesn’t have the minimum number of members required to hear the case.

·        This would allow a country to block the adoption of the report if it loses a trade dispute, and thus not comply with the WTO panel decision.

·        India, recently, has appealed against a WTO panel ruling, which pronounced India’s certain provisions of the domestic export incentive initiatives as WTO-inconsistent.

·        Likewise, the US has appealed against a WTO panel ruling in favour of India in the renewable energy sector, thus allowing it to continue with the WTO-inconsistent measures.

Shivangi 5 years

Please review.

IAS Parliament 5 years

Good attempt. Keep Writing.

Manojkumar B 5 years

Kindly review

IAS Parliament 5 years

Good attempt. Keep Writing.

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