An Analysis of the Challenges Facing the Panel Process, the Appellate Body and the Implementation Process of the WTO Disputes Settlement System

The Appellate Body crisis unveiled the unprecedented challenges which has long plagued the internal structure of the WTO Dispute Settlement System. The purpose of this paper is to make a critical assessment of the foundational issues that resulted to the appellate body crisis, examine the consequences and provide workable solutions that could revive the judicial structure of the WTO. This paper explores the diverse issues confronting each of the three stages in WTO disputes settlement including concerns within the Panel Process, Appellate Body process and the Implementation process. The argument is that the challenges facing the judicial branch of the WTO transcends just the activities of the Appellate Body and the current impasse, which is currently under explored. The paper explains how these issues have impacted the dispute settlement system, member states and the multilateral trading system as a whole. The paper concludes with some of policy perspectives and deliverable recommendations for not just the revival of the DSS but the reformation of the international trading system as a whole