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July 26, 2026Global Trade and Customs Journal

Accountability Without Paralysis: WTO Farewell Speech Insights for UNCITRAL’s Appellate Design

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Authors

NPNguyen Luu Lan PhuongHLHua Li

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Overview

This article examines WTO Appellate Body challenges, proposing a graduated accountability framework for UNCITRAL’s appellate mechanism.

Key Points

  • The article aims to identify structural lessons from the WTO Appellate Body's collapse for future appellate systems.
  • Analysis of farewell speeches by departing WTO Appellate Body members
  • Identification of structural dynamics contributing to paralysis
  • Development of a graduated accountability framework for UNCITRAL's appellate mechanism.
  • Identified mandate ambiguity and competing narratives as key structural issues;
  • Highlighted procedural rules as sites of accountability contestation;
  • Proposed a framework with three layers of accountability for better dispute management.

Cite This Study

Phuong et al. (2026) studied this question.

synapsesocial.com/papers/6a65a501d3aea3239cd77421https://doi.org/10.54648/gtcj2026053
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