What question did this study set out to answer?

This special guest editorship seeks to explore critical issues regarding the WTO Appellate Body and its implications for future mechanisms.

July 26, 2026Open Access

The WTO Entrenched in a World (Trade) War Crossroads: Lessons for Future Appellate Body Mechanisms

JDJoao Otavio Benevides Demasi

Key Points

This special guest editorship seeks to explore critical issues regarding the WTO Appellate Body and its implications for future mechanisms.
Compilation of four related articles addressing interconnected WTO issues.
Examination of Farewell Speeches from Appellate Body Members.
Analysis of systemic issues, including Third-Party rights and diplomatic approaches in trade.
Identified flaws in the Multi-Party Interim Appeal Arbitration Arrangement.
Discussed the impact of diplomatic strategies on trade relations.
Highlighted the need for improved institutional checks-and-balances to avoid judicial issues.

Abstract

This Second Special Guest-Editorship of the Global Trade and Customs Journal (GTCJ), named The WTO entrenched in a World (Trade) War crossroads: Lessons for future AB Mechanisms, has four related articles unfolding on the themes of the World Trade Organization (WTO) Appellate Body and the Appellate Body Members Farewell Speeches. These four articles have systemic repercussions because they are examining a wide range of different but interconnected issues. These topics are about the error in adjudicando of the Appellate Body on matters related to the Third-Parties' rights, the flaws of the Multi-Party Interim Appeal Arbitration Arrangement (MPIA), a rich diplomatic analysis of the states' life from 'bilateral bullying' to 'defensive multilateralism' as a means to 'block rival's influence'; and finally, on the institutional safeguards and checks-and-balances of the UNCITRAL-AB design to avoid another juridical-diplomatic débâcle and demise. Before briefly bringing into light the content of these four articles, it is necessary to provide proper context to link this second issue with the first one. This issue is a sequence of the first Guest-Editorship (GTCJ, 20₁0, October 2025) on the Farewell Speeches of the WTO Appellate Body Members, in which it was possible to gather in a Compendium all the Farewell Speeches from all the former Appellate Body Members, but for Feliciano and Ambassador Lacarte-Muróthis last one is in our possession for a future publication. This Compendium served as the basis for pioneering a study on the Farewell Speeches in a systematic manner. It is necessary to find Feliciano's Farewell Speech. It exists, as Claus Ehlermann mentions in a footnote of an article that he has a copy in his possession. In the first special issue is found five academic articles focused on the issues of: (1) the Farewell Speeches as answers to complaints on lack of independence, impartiality and judicial activism by Professor Lehne, (2) on issues of sovereignty by Professor Silingardi, (3) an exam

Ask AI

Helpful

Bookmark

View Full Paper