News & Insights

Washington D.C. – The National Foreign Trade Council (NFTC) today released a new paper entitled “Resolving the Appellate Body Crisis: Proposals on Precedent, Appellate Body Secretariat and the Role of Adjudicators,” a follow up to a paper released last year entitled “Resolving the WTO Appellate Body Crisis: Proposals on Overreach.” The paper was prepared by Bruce Hirsh of Tailwind Global Strategies LLC – a former USTR official who represented the U.S. in dispute settlement matters in Geneva.

“The world needs a functioning WTO now more than ever, and while countries are working to pick a successor for the Director General role, it is important to continue the work that has already been done to reform the dispute settlement system,” said Rufus Yerxa, President of the NFTC. “As with the last paper we released on this matter, I hope the proposals contained in this document assist in advancing the necessary dialogues within the WTO.”

Specifically, the paper outlines 3 proposals that will help “reflect the goal of making the Appellate Body operate as Members expected in 1995:”

1. Clarify that Appellate Body reports do not create binding precedent;
2. Replace the Appellate Body secretariat with clerks seconded from the WTO secretariat; and
3. Guidance on the Role of Adjudicators.

To read the full paper, click here.

About the NFTC
Serving America’s Global Businesses Since 1914– The National Foreign Trade Council (www.nftc.org) is a leading business organization advocating an open, rules- based global trading system. Founded in 1914 by a broad-based group of American companies, the NFTC now serves its member companies through its office in Washington D.C.

Follow us on: