US Is Correct In Blocking WTO Appellate Body Appointment
Law360, New York ( May 27, 2016, 4:29 PM EDT) -- The terms of two of the seven World Trade Organization Appellate Body members expire at the end of May. For one member, a replacement must be found as the existing member has served the maximum time permitted by the rules (two four-year terms). For the second, the AB member has sought reappointment to a second four-year term. Because appointment and reappointment are done by consensus of the WTO members through the Dispute Settlement Body (DSB), the objection by any member can mean an inability for the AB member to be reappointed. While no sitting AB member who has sought reappointment has previously been blocked, it has been frequently recognized that reappointment is not a right but is subject to consensus just like original appointment....
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