Analysing the Structural Demise of the Appellate Body of WTO with regards to New Appointments of Judges Blocked by the USA

  • Nayan Varma
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  • Nayan Varma

    Student at Symbiosis Law School, Pune, India

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Abstract

A paradoxical irony lies herewith, in the arena of international law. USA a builder of organisations, a parent body, a birth-giver, turns against its project; the World Trade Organisation, in a way as to stipulate its ruin and downfall by enabling the blockage of judges to its appellate body hereby, inevitably crumbling the institute in itself. Analysing the issue at hand, pivotal criteria are explored bringing the reader to understand the conception of the Dispute Settlement Body, its range and ambit of jurisdiction and decision making, along with the above stated contradictory angle. Alongside, earnest questions regarding the authenticity of the World Trade Organisation, its relevance in today’s times pertaining to multi-lateral and bilateral treaties resonates supplementarily with the question being asked. A comparison is brought forward of the different dispute settling bodies of various organisations along with that of the World Trade Organisation, to comprehend the functioning in a seamless manner while simultaneously calibrating the steps taken by USA for its political vendetta. Lastly, suggestions as to how the organisation can reform in its working and dynamically fit into the status-quo has been elaborated in a manner which could resolve its identity crisis and ensuring its easy functioning. While understanding the functioning of the World Trade Organisation, its predecessor The General Agreement on Tariffs and Trade and its deterioration has also been systematically dealt with to provide the reader with an essence of history and showing the blatant juxtaposition between these two situations. These facets intertwined bring forward an analysis befitting the contemporary scenario.

Type

Research Paper

Information

International Journal of Legal Science and Innovation, Volume 3, Issue 3, Page 1191 -1202

DOI: https://doij.org/10.10000/IJLSI.11855

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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