WTO: 2006 PRESS RELEASES
Press/448
31 July 2006
DISPUTE SETTLEMENT
WTO appoints new Appellate Body Member
The WTO Dispute Settlement Body (DSB) appointed today (31 July) Mr David Unterhalter, aged 47, of South Africa to the seven-member Appellate Body to replace the late Mr John Lockhart who passed away in January. Mr Unterhalter will serve for the remainder of the term of office of Mr Lockhart up to 11 December 2009.
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The appointment was made according to the Dispute Settlement Understanding which
stipulates that the Appellate Body shall “comprise persons of recognized
authority, with demonstrated expertise in law, international trade and the
subject matter of the WTO agreements generally.” The DSU also requires that the
Appellate Body membership be broadly representative of WTO Membership. The
appointment was made following consultations with WTO Members and on the basis
of a proposal by a Selection Committee comprising the Director-General, and the
Chairpersons of the General Council, the DSB, the Council for Trade in Goods,
the Council for Trade in Services and the TRIPS Council. The Selection Committee
interviewed eight candidates who had been nominated by their respective
governments.
Notes to editors
1. Born in South Africa on 18 November 1958, David
Unterhalter has been Professor of Law at the University of Witwatersrand in
South Africa since 1998. His areas of research and teaching include
international trade, competition law, and constitutional law. From 2000 to 2006,
he was a Director of the Mandela Institute, University of Witwatersrand, which
is an institute focusing on competition law, international trade, environmental
law, telecommunication, international tax law, humanitarian law and human rights
law. Mr Unterhalter holds law degrees from the University of Witwatersrand and
University College, Oxford.
As a practicing advocate, Mr Unterhalter has advised and acted on behalf of
clients in a large number of cases in the fields of trade law, competition law,
constitutional law, and commercial law. His experience includes representing
different parties in anti-dumping and countervailing duty cases. He has also
acted as an advisor to the South African Department of Trade and Industry. In
addition, he has served on a number of WTO dispute settlement panels.
Mr. Unterhalter has published numerous articles in the fields of constitutional
law and competition law.
2. The Appellate Body hears appeals from dispute settlement panel reports on
issues of law covered in the panel report and legal interpretations developed by
the panel. Three members from the seven-member Appellate Body hear and determine
any one appeal. The Appellate Body can uphold, modify or reverse the legal
findings and conclusions of a panel. Appellate Body reports are adopted by the
Dispute Settlement Body, and unconditionally accepted by the parties to the
dispute, unless there is a consensus against adoption. Since its establishment
in November 1995 up to the end of 2005, the Appellate Body circulated 73
reports, all of which were adopted.