The Dilemma and Innovation of the Selection Rules of Appeal Body in WTO Dispute Resolution
Research Article
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The Dilemma and Innovation of the Selection Rules of Appeal Body in WTO Dispute Resolution

Hongyun Ji 1*
1 Hebei Normal University of Science & Technology
*Corresponding author: 3062819685@qq.com
Published on 27 August 2025
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LNEP Vol.112
ISSN (Print): 2753-7056
ISSN (Online): 2753-7048
ISBN (Print): 978-1-80590-339-0
ISBN (Online): 978-1-80590-340-6
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Abstract

In the global trade governance system, the WTO dispute settlement mechanism is the core pillar of maintaining the multilateral trade order, and the effective operation of its Appellate Body is crucial. However, the United States has been continuously obstructing the appointment of new members of the Appellate Body since 2017, resulting in the agency's suspension due to insufficient quorum in December 2019 and exposing the institutional flaws of the selection rules amid political games. This article focuses on the dilemmas and innovations of selection rules, employing normative analysis, case-based empirical research, and comparative research methods to examine the structural loopholes in the rules and the impact of political intervention. The study finds that the ambiguity of the consensus voting mechanism and qualification standards is the root cause of the problem. It proposes an innovative pathway centered on clarifying professional qualifications, introducing majority decision-making procedures, and strengthening independent evaluation, providing a theoretical reference for revitalizing the dispute resolution mechanism.

Keywords:

WTO dispute settlement mechanism, Appeal body, Selection rules, Consensus voting, Institutional innovation

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Ji,H. (2025). The Dilemma and Innovation of the Selection Rules of Appeal Body in WTO Dispute Resolution. Lecture Notes in Education Psychology and Public Media,112,18-24.

References

[1]. Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), 1994. http: //www.wto.org/english/docs_e/legal_e/28-dsu_e.htm

[2]. WTO Dispute Settlement Body Meeting Records (2017-2023), WT/DSB/M/345-398.

[3]. Zhang Naigen. Law and Practice of the WTO Dispute Settlement Mechanism [M]. Law Press, 2021.

[4]. Reforming the Dispute Settlement Mechanism of WTO: Challenges and Prospects Hasan, A.K.M.RaquiBul& Nasrin, KhadiZa, 4175796. https: //papers.ssrn.com/sol3/papers.cfm?abstract_id=4175796

[5]. Horn, H., & Mavroidis, P. C. The Appellate Body Crisis. Causes and Remedies [J]. Journal of International Economic Law, 2020, 23(3). Journal of International Economic Law, 2020, 23(3): 547-571.

[6]. 《Key Statistics and Trends in Trade Policy 2022》https: //unctad.org/fr/node/40547

[7]. U.S. Department of Commerce. Position Paper on WTO Appellate Body Reform, 2018. http: //chinawto.mofcom.gov.cn/article/ap/p/201907/20190702885685.shtml

[8]. Andrew W. Shoyer. Panel Selection in WTO Dispute Settlement Proceedings [J]. Journal of International Economic Law, 2003, 6(1). Journal of International Economic Law 2003, 6(1): 203-209.

[9]. Henry Gao. Finding a Rule-Based Solution to the Appellate Body Crisis [J]. Journal of International Economic Law, 2021, 24(3): 534-550.

[10]. Reform of the Selection System for Judges in the WTO Appellate Body’ [EB/OL]. 2023-11-23. http: //yjsy.cupl.edu.cn/info/1440/10466.htm

References

[1]. Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), 1994. http: //www.wto.org/english/docs_e/legal_e/28-dsu_e.htm

[2]. WTO Dispute Settlement Body Meeting Records (2017-2023), WT/DSB/M/345-398.

[3]. Zhang Naigen. Law and Practice of the WTO Dispute Settlement Mechanism [M]. Law Press, 2021.

[4]. Reforming the Dispute Settlement Mechanism of WTO: Challenges and Prospects Hasan, A.K.M.RaquiBul& Nasrin, KhadiZa, 4175796. https: //papers.ssrn.com/sol3/papers.cfm?abstract_id=4175796

[5]. Horn, H., & Mavroidis, P. C. The Appellate Body Crisis. Causes and Remedies [J]. Journal of International Economic Law, 2020, 23(3). Journal of International Economic Law, 2020, 23(3): 547-571.

[6]. 《Key Statistics and Trends in Trade Policy 2022》https: //unctad.org/fr/node/40547

[7]. U.S. Department of Commerce. Position Paper on WTO Appellate Body Reform, 2018. http: //chinawto.mofcom.gov.cn/article/ap/p/201907/20190702885685.shtml

[8]. Andrew W. Shoyer. Panel Selection in WTO Dispute Settlement Proceedings [J]. Journal of International Economic Law, 2003, 6(1). Journal of International Economic Law 2003, 6(1): 203-209.

[9]. Henry Gao. Finding a Rule-Based Solution to the Appellate Body Crisis [J]. Journal of International Economic Law, 2021, 24(3): 534-550.

[10]. Reform of the Selection System for Judges in the WTO Appellate Body’ [EB/OL]. 2023-11-23. http: //yjsy.cupl.edu.cn/info/1440/10466.htm

Cite this article

Ji,H. (2025). The Dilemma and Innovation of the Selection Rules of Appeal Body in WTO Dispute Resolution. Lecture Notes in Education Psychology and Public Media,112,18-24.

Data availability

The datasets used and/or analyzed during the current study will be available from the authors upon reasonable request.

About volume

Volume title: Proceedings of ICILLP 2025 Symposium: Digital Governance: Inter-Firm Coopetition and Legal Frameworks for Sustainability

ISBN: 978-1-80590-339-0(Print) / 978-1-80590-340-6(Online)
Editor: Renuka Thakore, Tonejit Gad-Harry
Conference website: https://2025.icillp.org/Bristol.html
Conference date: 18 September 2025
Series: Lecture Notes in Education Psychology and Public Media
Volume number: Vol.112
ISSN: 2753-7048(Print) / 2753-7056(Online)

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