Several members of the World Trade Organization (WTO) on 18 December apparently sought to know from the facilitator overseeing the reform of the WTO’s dispute settlement system (DSS) as to why he has remained silent on the most crucial pillar of Appellate Review, particularly the Appellate Body, seemingly raising a cloud over the restoration of the two-tier DSS at the upcoming WTO’s 13th ministerial conference (MC13) that commences in Abu Dhabi on 26 February 2024.
At the year-end meeting of the WTO’s Dispute Settlement Body (DSB) on 18 December, several developing countries sought to know why the confidential 49-page draft ministerial decision issued by the facilitator, Mr Marco Molina, the deputy trade envoy of Guatemala, did not include language on the crucial appeal review mechanism, particularly the Appellate Body, said people familiar with the discussions.
The 49-page confidential draft ministerial decision, seen by the SUNS, in its chapeau, included an item on appellate review but did not contain any language like the other issues in the draft that are replete with substantive provisions and appendixes.