APPELLATE BODY
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In presenting the report, Mr. Bhatia noted that the Appellate Body circulated nine Appellate Body reports concerning six matters in 2018 while also assisting an arbitrator in determining the reasonable period of time for implementation in one dispute. In addition, 12 panel reports concerning 11 matters were appealed in 2018.
"In sum, the heavy workload of the Appellate Body continues unabated," he said. "These indicators would appear to suggest that WTO Members consider the appellate system to be a key pillar of a robust and effective dispute settlement mechanism."
However, Mr. Bhatia also noted the current "mood swing" regarding the Appellate Body as reflected in calls for reform. While not denying the need for reform, he stressed that good solutions will depend on the right questions being asked.
"Members should think carefully about what kind of system they want, what its role and reach should be, and what core principles should govern its operation," he declared. "Only then will Members be able to engage in long-lasting reform projects."
The Appellate Body Annual Report for 2018 can be found here.
The text of Mr. Bhatia's remarks are available here.
The farewell remarks of Peter Van den Bossche are available here.
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