It has been years since the WTO has helped countries negotiate freer trade
warned a Norwegian representative on November 22nd, at a meeting of the World Trade Organisation . The multilateral trading system that thehas overseen since 1995 is about to freeze up. On December 10th two of the judges on its appellate body, which hears appeals in trade disputes and authorises sanctions against rule-breakers, will retire—and an American block on new appointments means they will not be replaced. With just one judge remaining, it will no longer be able to hear new cases.
It is no surprise that President Donald Trump has axed these foreign arbiters, given his general distaste for internationally agreed rules. On November 12th he declared himself “very tentative” on the. But the problems run far deeper than dislike of multilateral institutions. They stem from a breakdown in trust over the way international law should work, and the more general failure of the’s negotiating arm.
Though previous administrations had grumbled, and occasionally intervened in judges’ appointments, the Trump administration went further. Its officials complained that disputes often dragged on much longer than the supposed maximum of 90 days, and—more seriously—that the appellate body made rulings that went beyond whatmembers had signed up to. They made it clear that unless such concerns were dealt with, no new judges would be confirmed.
Judicial overreach is in the eye of the beholder. Losers will always feel hard done by, and America has been quick to celebrate the’s rulings when it wins. But plenty of others think that the appellate body had overstepped its remit. A recent survey of individuals engaged with theGetting so many countries to sign up to thewas a remarkable achievement. One way negotiators managed this was by leaving the rules vague, and papering over their differences with ambiguous language.
On November 26th the Trump administration suggested slashing the pay of members of the appellate body. In October Chuck Grassley and Ron Wyden, the top Republican and Democrat politicians on the Senate Finance Committee, published an editorial saying that while they saw the value of an appellate body, it “needs to operate as the members agreed”.’s 163 other members, 117 have signed a joint letter calling upon America to end the impasse.
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