Latest: (1) based on what the Dispute Settlement Body chair told members today (in the DSB), perhaps 3 appeals could be completed: plain packaging for tobacco products, US-Canada on paper, and Ukraine-Russia railway equipment. Hearings already completed.
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(2) Here's a letter denying the claim in the Bloomberg report that other Appellate Body members (judges) went along with the demand for the AB Secretariat head to be sacked.
ielp.worldtradelaw.net/2019/12/letter…
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ielp.worldtradelaw.net/2019/12/letter…
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Then this morning a statement from a “senior Geneva trade official”
Bryce has been busy. Mini-thread 👇🏽
Bryce has been busy. Mini-thread 👇🏽
My understanding of what happens next week:
1. The most important meeting—scheduled long ago—is the annual final top-level meeting in Geneva of the WTO membership: the General Council.
wto.org/english/news_e…
1. The most important meeting—scheduled long ago—is the annual final top-level meeting in Geneva of the WTO membership: the General Council.
wto.org/english/news_e…
2. In the General Council, we can expect NZ Ambassador David Walker, chair of the Dispute Settlement Body (also comprising the WTO membership), to report on his latest efforts to mediate in the Appellate Body crisis. Delegations will also comment.
wto.org/english/news_e…
wto.org/english/news_e…
3. On Dec 10, the terms of two of the last three Appellate Body “members” (judges) will expire. Only one will be left. The Appellate Body will fail to meet the quorum of three. Rules allow departing judges to continue working on existing appeals, but …
wto.org/english/tratop…
wto.org/english/tratop…
4. … But the American Appellate Body (AB) judge Thomas Graham is reported to have told WTO Director-General Azevêdo that he will stop work immediately unless the chief AB civil servant is fired, sparking the reactions in the tweets above and this👇🏽.
5. However, mediator David Walker, reportedly told the WTO members yesterday that work on three appeals might continue, including a major dispute over plain packaging for tobacco products, actually 2 merged disputes:
DS435: wto.org/english/tratop…
DS445: wto.org/english/tratop…
DS435: wto.org/english/tratop…
DS445: wto.org/english/tratop…
6. Will the WTO grind to a halt next week? Absolutely not.
Appeals are only a second stage in dispute settlement, which is only one part of the WTO’s work.
Appeals are vital for the dispute settlement system, which is also vital for the WTO. But other work is vital too.
Appeals are only a second stage in dispute settlement, which is only one part of the WTO’s work.
Appeals are vital for the dispute settlement system, which is also vital for the WTO. But other work is vital too.
7. A couple of tests of countries’ confidence in the WTO over the coming months/years:
— will new disputes be lodged even while appeals are not possible?
— will members gradually withdraw their efforts from the regular committees that play a major role in avoiding disputes?
— will new disputes be lodged even while appeals are not possible?
— will members gradually withdraw their efforts from the regular committees that play a major role in avoiding disputes?
8. To illustrate the point on the importance of regular work, with some rough figures.
Since the WTO was created in 1995, non-tariff barriers on product safety, standards, etc (“SPS” and “TBT”):
Measures notified—60,000
Of these, concerns raised—1,000
SPS and TBT disputes—100
Since the WTO was created in 1995, non-tariff barriers on product safety, standards, etc (“SPS” and “TBT”):
Measures notified—60,000
Of these, concerns raised—1,000
SPS and TBT disputes—100
8a. In other words, over 98% of the SPS & TBT non-tariff barriers notified were unremarked, already designed to comply with SPS and TBT rules.
Concerns were raised about less than 2% of these.
And over 90% of the concerns were resolved in the committees, avoiding legal disputes
Concerns were raised about less than 2% of these.
And over 90% of the concerns were resolved in the committees, avoiding legal disputes
8b. Additional note on the numbers:
The majority of these cases were either settled out of court, or have remained for years in the first step (consultation) without going to a ruling, or simply lapsed.
wto.org/english/tratop…
The majority of these cases were either settled out of court, or have remained for years in the first step (consultation) without going to a ruling, or simply lapsed.
wto.org/english/tratop…
8c.
— Of the 49 disputes over food safety, animal and plant health (SPS), about 31 were either settled out of court, have been dormant for at least 5 years, or lapsed.
— For technical barriers to trade (TBT = standards, regulation, labelling), it’s about 31 of the 54 cases.
— Of the 49 disputes over food safety, animal and plant health (SPS), about 31 were either settled out of court, have been dormant for at least 5 years, or lapsed.
— For technical barriers to trade (TBT = standards, regulation, labelling), it’s about 31 of the 54 cases.
@BobWolfeSPS At the risk of boring everyone to death, here are new figures excluding withdrawn WTO disputes, or those settled out of court or just gone quiet for at least 5 years (some since the 90s).
Bottom line: “Full disputes” = 0.06–0.08% of notified measures.
#WtoDisputesInPerspective
Bottom line: “Full disputes” = 0.06–0.08% of notified measures.
#WtoDisputesInPerspective
