(NON)FUNCTIONING OF THE WTO APPELLATE BODY

Abstract

This paper, by using the structural-functional, comparative, and cause and effect analyses, indicating the facticity in the degree in which it is necessary, explores the status of the system of dispute settlement within the World Trade Organization (WTO), paying particular attention to the blockade in which the Appellate Body has found itself as a part of that system. The function of the Multi-Party Interim Appeal Arbitration Arrangement (MPIA) is explored in order to understand whether the Arrangement desires to take over the role of the Appellate Body “through the back door”, with certain refinements. A review is given of the viewpoint of the European Union in terms of the status of the dispute settlement system within the WTO and it is indicated that 'new generation' international free trade agreements that the European organisation concludes with third countries are being more and more affirmed after the failed negotiations from Doha. At the end of the analysis, the authors provide their concluding remarks.