Page 18 - The South China Business Journal
P. 18
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M
Y
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CSIS explains, the WTO is the only multilateral In frustration, the Trump administration has MY
institution that has a fully developed dispute upped the ante by blocking appellate body
resolution system, one that not only adjudicates
disputes but can make its decisions stick. It uses a appointments. The United States has come under CY
two-part process – panels of experts that initially
rule on disputes and an Appellate Body that fire from other WTO members for not offering CMY
considers appeals of panel decisions. Because panel
decisions (if not appealed) and Appellate Body concrete proposals to resolve its complaints. Now, a K
decisions can only be blocked by consensus, the
system has considerable clout. crisis looms: In December, the Appellate Body will
The United States has been a major beneficiary be reduced to a single member and left completely
of WTO dispute settlement, bringing and winning
more cases than any other WTO Member. In fact, unable to function.
the United States has won or favorably settled 75
out of the 79 completed WTO cases it had brought WTO members are wrestling with these issues.
(as of 2016). These wins include cases against The U.S. Chamber believes WTO members should
discriminatory Chinese taxes on U.S. auto exports, review and agree on rules dealing with the scope
EU subsidies in the aircraft sector, and India’s ban of what can be decided by the Appellate Body with
on U.S. poultry. The U.S. could not have secured regard to U.S. concerns about judicial overreach.
these wins unilaterally. Limits on actions by judges after their term has
expired must also be clarified.
The U.S. Chamber supports efforts to improve
the effectiveness of the WTO dispute settlement However, we cannot throw out the baby with the
system. As the Office of the U.S. Trade bathwater. The U.S. Chamber urges all member
Representative has pointed out, U.S. governments states to redouble their efforts to overcome the
have raised serious concerns about “overreach” impasse on these issues before the blockage over
in Appellate Body rulings for more than 15 years, the appointment of Appellate Body members
noting rulings that it argues are not clearly completely immobilizes WTO dispute settlement.
supported in WTO agreements.
In the end, governments don’t trade: Businesses
15 AmCham South China do. And in the view of the U.S. business
community, a healthy, strong WTO is squarely in
the national interest of the United States.■
C
M
Y
CM
CSIS explains, the WTO is the only multilateral In frustration, the Trump administration has MY
institution that has a fully developed dispute upped the ante by blocking appellate body
resolution system, one that not only adjudicates
disputes but can make its decisions stick. It uses a appointments. The United States has come under CY
two-part process – panels of experts that initially
rule on disputes and an Appellate Body that fire from other WTO members for not offering CMY
considers appeals of panel decisions. Because panel
decisions (if not appealed) and Appellate Body concrete proposals to resolve its complaints. Now, a K
decisions can only be blocked by consensus, the
system has considerable clout. crisis looms: In December, the Appellate Body will
The United States has been a major beneficiary be reduced to a single member and left completely
of WTO dispute settlement, bringing and winning
more cases than any other WTO Member. In fact, unable to function.
the United States has won or favorably settled 75
out of the 79 completed WTO cases it had brought WTO members are wrestling with these issues.
(as of 2016). These wins include cases against The U.S. Chamber believes WTO members should
discriminatory Chinese taxes on U.S. auto exports, review and agree on rules dealing with the scope
EU subsidies in the aircraft sector, and India’s ban of what can be decided by the Appellate Body with
on U.S. poultry. The U.S. could not have secured regard to U.S. concerns about judicial overreach.
these wins unilaterally. Limits on actions by judges after their term has
expired must also be clarified.
The U.S. Chamber supports efforts to improve
the effectiveness of the WTO dispute settlement However, we cannot throw out the baby with the
system. As the Office of the U.S. Trade bathwater. The U.S. Chamber urges all member
Representative has pointed out, U.S. governments states to redouble their efforts to overcome the
have raised serious concerns about “overreach” impasse on these issues before the blockage over
in Appellate Body rulings for more than 15 years, the appointment of Appellate Body members
noting rulings that it argues are not clearly completely immobilizes WTO dispute settlement.
supported in WTO agreements.
In the end, governments don’t trade: Businesses
15 AmCham South China do. And in the view of the U.S. business
community, a healthy, strong WTO is squarely in
the national interest of the United States.■
