The past four years have shown that, in contrast to previous assessments that saw the WTO dispute settlement organs as exercising irresistible authority over the WTO Agreements, a WTO Member can single-handedly derail the functioning of the WTO by obstructing appointments to the Appellate Body....

The World Trade Organization (WTO) system of ‘prospective' or ‘forward-looking' remedies is often contrasted negatively with the ‘retrospective' remedy of reparation traditionally granted by international courts. In this article, I argue that prospective remedies must be assessed having in...

The Appellate Body has asserted extensive authority over the rules governing global trade relations, proclaiming its ultimate authority to determine the prevailing interpretation of the rules of the World Trade Organization (WTO) as well as to control the extent to which extra-WTO norms can...

The crisis over appointments to the Appellate Body risks dismantling the WTO's compulsory dispute settlement system. This paper argues that solutions to the crisis that seek to overcome the opposition of the United States and reinstate the system through majority rule are legally fragile and...