WTO Appellate Body

E71387

appellate tribunal international judicial body organ of the World Trade Organization

The WTO Appellate Body was the standing quasi-judicial body of the World Trade Organization that reviewed appeals on points of law in trade dispute cases between member states.

Aliases (4)

Statements (58)

Predicate	Object
instanceOf	appellate tribunal → international judicial body → organ of the World Trade Organization →
averageAppealDurationLimit	60 days →
cannotReview	domestic law as such outside the context of WTO obligations → new factual evidence →
composition	seven members →
country	Switzerland →
createdIn	1995 →
decisionMaking	decisions are taken by consensus or, if necessary, by majority → division of three members hears each appeal →
establishedBy	Marrakesh Agreement Establishing the World Trade Organization →
function	interpret WTO covered agreements in the context of disputes → review appeals on issues of law in WTO dispute settlement cases → uphold, modify or reverse legal findings and conclusions of WTO panels →
independenceRequirement	not affiliated with any government →
jurisdiction	World Trade Organization member states →
language	English → French → Spanish →
legalBasis	Dispute Settlement Understanding → Understanding on Rules and Procedures Governing the Settlement of Disputes →
location	Centre William Rappard →
lostQuorumOn	2019-12-11 →
maximumAppealDuration	90 days →
memberCount	7 →
membersMustBe	persons of recognized authority with demonstrated expertise in law, international trade and the subject matter of the covered agreements →
membersServeIn	individual capacity →
memberTermLength	four years →
memberTermRenewable	once →
notableCase	Brazil – Measures Affecting Imports of Retreaded Tyres → Canada – Certain Measures Affecting the Automotive Industry → China – Measures Affecting Imports of Automobile Parts → European Communities – Measures Concerning Meat and Meat Products (Hormones) → European Communities – Measures Prohibiting the Importation and Marketing of Seal Products → European Communities – Regime for the Importation, Sale and Distribution of Bananas → Russia – Measures Concerning Traffic in Transit → United States – Import Prohibition of Certain Shrimp and Shrimp Products → United States – Measures Affecting the Cross-Border Supply of Gambling and Betting Services → United States – Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products → United States – Standards for Reformulated and Conventional Gasoline → United States – Tax Treatment for “Foreign Sales Corporations” →
officialName	Appellate Body of the World Trade Organization →
oversight	WTO General Council in its capacity as Dispute Settlement Body →
parentOrganization	Dispute Settlement Body →
partOf	World Trade Organization →
proceduralRules	Working Procedures for Appellate Review →
reasonForImpairment	blockage of appointments and reappointments by the United States →
reportBindingOn	parties to the dispute after adoption by the Dispute Settlement Body →
reportsAdoptedBy	Dispute Settlement Body →
scopeOfReview	issues of law covered in the panel report → legal interpretations developed by the panel →
seat	Geneva →
shortName	Appellate Body → WTO Appellate Body →
startDate	1995-01-01 →
status	non-functioning due to lack of members →
successorMechanismProposedByMembers	Multi-Party Interim Appeal Arbitration Arrangement →

Referenced by (11)

Subject (surface form when different)	Predicate
Article 4 (consultations) ("WTO Appellate Body (when it was operational)") → Article III (National Treatment on Internal Taxation and Regulation) → Article III:4 → Article XX (General Exceptions) → Article XXI (Security Exceptions) →	interpretedBy
Article II (Schedules of Concessions) ("WTO Appellate Body reports") → Article III:8 ("WTO Appellate Body reports") →	interpretedIn
WTO Appellate Body ("Appellate Body") → WTO Appellate Body →	shortName
WTO Appellate Body ("Appellate Body of the World Trade Organization") →	officialName
Dispute Settlement Body ("Appellate Body of the World Trade Organization") →	relatedBody