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Dispute Resolution and Arbitration

Faculty Scholarship

World Trade Organization

2019

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Wto Dispute Settlement: Can We Go Back Again?, Rachel Brewster Jan 2019

Wto Dispute Settlement: Can We Go Back Again?, Rachel Brewster

Faculty Scholarship

The world's twenty-year experiment with a rule-based international trading order is most likely ending. Trade wars are raging again for the first time in two decades as World Trade Organization (WTO) members unilaterally impose and counterimpose sanctions. In Geneva, the WTO Appellate Body, whose existence is essential to the functioning of the WTO Dispute Settlement Understanding (DSU), is on a trajectory to shut down in December 2020. For all the fireworks, however, many commentators retain an optimism that the recent events will be a passing phase and that the world will return to a more law-oriented trading system after the …