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WTO Appellate Body Will Paralyze, What Does the United States Want?

Source:Iris Liang Time:2019-12-16 9:27:01

As the WTO's "Supreme Court" for adjudicating trade disputes, the WTO's appellate body is about to fall into its first shutdown in 24 years. Even in the face of such a harsh international trade environment, SEKO Machinery will still not forget its original intention, persist in doing well, and continue to provide our customers with excellent performance stainless steel industrial pipe production equipment.

According to the WTO arbitration mechanism, the Appellate Body has seven permanent judges, and each case requires at least three judges to hear it. But there are only three judges remaining since January 2018, and two of the three judges will end their terms on Tuesday. This also means that the Appellate Body will not be able to hear existing and newly submitted trade disputes because of insufficient judges, and one of the most important functions of the WTO will be paralyzed.
Tu Xinquan, Dean of the China WTO Research Institute at the University of International Business and Economics, said that the biggest advantage of the WTO dispute settlement mechanism is "independence". It is not affected by individual countries. All countries are equal under this mechanism. However, the United States has always considered itself an "exceptional" country with a strong sense of superiority. So the United States said goodbye to the country, he wanted to win; but when he was told by other countries, he didn't want to lose.

Data show that the United States has won more than 90% of trade arbitration cases against other countries. At the same time, in the trade arbitration case filed by another country against the United States, the proportion of the United States losing the case is also about 90%. It is this fair mechanism that makes the United States, which considers itself "specialized", lose its sense of superiority. The United States believes that the WTO's appeal mechanism has caused them a loss.

Tu Xinquan said that in the past two years, the United States has provoked a trade war against many countries. In the US ’s view, this is in full compliance with WTO rules. However, the reality is that the WTO appeals agency has repeatedly defeated the lawsuit. Institutional dissatisfaction.

According to WTO regulations, the appointment of new judges for the Appellate Body requires the consent of all members. In recent years, the US government has repeatedly rejected the nomination process under the pretext of dissatisfaction with "systemic problems" such as "excessive power", which has repeatedly reduced the number of serving judges.

Tu Xinquan believes that the reason for this extreme approach is that the purpose of the Trump administration is to paralyze the WTO Appellate Body, thereby dismantling the dispute settlement mechanism, and ultimately to safeguard the so-called "US interests."

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Iris Liang
SEKO Machinery & Technology Co., Ltd
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