Originally from:
The WTO: Governance, Dispute Settlement & Developing Countries
The WTO: Governance, Dispute Settlement & Developing Countries-Digital
Chapter 25 - Preview Page
Features of the Appellate Body That Have Defined Its Performance
Werner Zdouc
The WTO dispute settlement system is widely regarded as highly successful despite its short lifespan. The success can be measured in a number of ways. One cogent measure is the high level of confidence that WTO Members have in the system, as evidenced by the large number of disputes and by the wide range of WTO Members—both developed and developing country—that have resorted to it to assist them in resolving disputes. Another measure is the significant body of case law that has emerged from WTO panel and Appellate Body decisions found in over 127 panel reports and 82 Appellate Body reports.
Although some Members have participated significantly more often than others, there has nevertheless been widespread participation among both developed and developing country Members. During the first twelve years, more than half of the 151 WTO Members had participated in a panel process, either as a main party (complainant or respondent), or as a third party, and nearly half of those had participated in the appellate process as a main party (appellant or appellee) or third participant. The United Stated and the European Communities have been the most active participants. The other most active participants in the system include Argentina, Australia, Brazil, Canada, Chile, China, India, Japan, Korea, Mexico, and Thailand.
About the Author:
Werner Zdouc has been director of the WTO Appellate Body Secretariat since 2006.