Many members on 30 May called for preserving the two-tier dispute settlement system, including the binding Ap pellate Body, to ensure the continuation of a robust enforcement function at the Wo rld Trade Organization, said people familiar with the discussions.
At the first formal meeting on dispute settlement reform at the level of He ads of Delegation (HoD) on 30 May, the new facilitator, Ambassador Usha Dwarka-Canabady of Mauritius, explained the process that she would follow i n the coming days and months.
In an "urgent" email sent to members on 27 May, Ambassador Canabady, who had participated in one or two dispute settlement panels in the past, infor med members that "the focus of the 30 May 2024 DS Reform HoDs meeting should be on how to resolve the questions of appeal/review and accessibility."
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It is not clear whether the co-convenors have substantial institutional kno wledge about the dispute settlement reform discussions, which had been conducted informally by the former facilitator, Mr Marco Molina, deputy trade envoy o f Guatemala, till the last week of January, said a person who asked not to be quoted.
Mr Molina was abruptly dismissed by his government, with one major member being unhappy with the speed at which he produced revised texts. Apparently , several countries wanted to send a petition to request the Guatemalan gover nment to change its decision, but one member disapproved of the attempt, said a t rade envoy, who asked not to be quoted.
So far, there is little clarity on the large volume of work that was almost finalized by the previous facilitator and whether it will be used by the six co-conve nors, the person said.
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The last statement made by the US concerning DSS reform was at a Dispute Settlement Body (DSB) meeting on 24 May.
In that statement, the US made two pertinent observations.
First, it maintained that "as we undertake our work with the Facilitator, w e must bear in mind that re-launching the Appellate Body selection process will no t address the concerns - and calls for the restoration of the Appellate Body undermine our collective efforts for reform."
Secondly, the US said, "As WTO Members continue our efforts to better understand each other's interests in WTO dispute settlement, the United Sta tes remains focused on achieving a reformed system that meets the interests of all Members to the greatest extent possible. The United States has been working with Members to advance this goal, and we look forward to continued engagement."
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