At precisely 12:00 am on 11th December 2019, the Appellate Body (‘AB’) of the WTO will die. Of its existing three members, the term of two will be completed by 12:00 am. The quorum of the AB requires at least 3 members. At the moment, the way things are, the WTO will only be left with one member and one of the vital organs of the Dispute Settlement Body of the WTO will cease to exist. To a large extent the US is to be blamed for this conundrum. It has vetoed the appointment of any member to the AB since June 2017. This stance of the US predates the much-criticized Trump Regime. Although Trump has not played an active role in dismantling of the AB, the US under his regime has refused to replace the retiring members of the AB. Without the AB the Organisation itself stares collapse in the face. The AB’s absence would mean that countries will violate trade agreements as they please due to the absence of any body to appeal against a judgement. It will also see an increase in the bilateral free trade agreements between countries. The WTO is long due a total revamp. Whether it is too late for reformation now, only time will tell.
Further information available at https://theconversation.com/key-trade-rules-will-become-unenforceable-from-midnight-australia-should-be-worried-126768.
This post has been authored by Jacob Abraham, Second Year, National University of Juridical Sciences, Kolkata.
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