WHEN SATURN DEVOURED HIS SON: THE WTO APPELLATE BODY CRISIS

This paper performs a critical analysis about the future of the World Trade Organization (WTO) dispute settlement system (DSS), considering two moments in time: its vertiginous development from 1995 to 2016 (the jewel in the crown's era) and its strepitous collapse from 2017 to present (Saturn&...

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Autor principal: Zubieta Mariscal, Franz
Formato: Artículo revista
Lenguaje:Español
Publicado: Facultad de Derecho. Departamento de Derecho Público 2026
Materias:
WTO
Acceso en línea:https://revistas.unc.edu.ar/index.php/recordip/article/view/52856
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Sumario:This paper performs a critical analysis about the future of the World Trade Organization (WTO) dispute settlement system (DSS), considering two moments in time: its vertiginous development from 1995 to 2016 (the jewel in the crown's era) and its strepitous collapse from 2017 to present (Saturn's era). To this end, this essay is divided into three sections. The first section summarises the "unique and quite successful" features of the WTO dispute settlement system (DSS) from 1995 to 2017, including its origins. By contrast, in the second section, the love-and-hate relation between the Appellate Body (AB) and the United States of America (The US) is described, as well as the primary legal critics against it. Contrasting this factual and legal evidence, we identify some key guidelines to surpass this crisis and try to foresee the WTO DSS's future in the final section.