U.S. proposes WTO appellate improvements
The United States tabled a proposal to restructure the World Trade Organization Appellate Body to help it attract a broader pool of qualified candidates and to provide Appellate Body members more resources to assist WTO members to resolve trade disputes.
“Especially in light of the demands that are placed on the seven Appellate Body members to resolve disputes of crucial economic and systemic concern, we need to be sure that the Appellate Body is structured in a way that attracts the most highly qualified candidates and gives them the appropriate resources to serve the WTO membership,” said U.S. Trade Representative Susan Schwab in a Jan. 14 statement.
The three main aspects of the U.S. proposal are:
' Ensuring Appellate Body members work full-time, instead of part-time.
' Providing each Appellate Body member a law clerk devoted to that member.
' Establishing a formal support mechanism of WTO members to ensure that Appellate Body members have access to ongoing professional development.
When the Appellate Body was created in 1995, the WTO Dispute Settlement Body initially treated the position of Appellate Body member as a part-time job, with the understanding that this would attract a wider range of candidates than if the position were full time.
“Members’ experience in attempting to recruit high-caliber candidates has shown that the part-time arrangement has constrained rather than encouraged a range of possible candidates,” the Office of U.S. Trade Representative said.
The agency noted that during the most recent selection process, only nine candidates were nominated by WTO members for four vacancies, including two each by the United States and Chile.
“Appellate Body members have been working at a full-time pace, while being paid on a part-time basis and deprived of full health insurance and retirement benefits,” the USTR said. “Formerly giving Appellate Body members full-time status will recognize the workload that they have been carrying and encourage a wider range of candidates.” ' Chris Gillis
U.S. proposes WTO appellate improvements
