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The new members, whose commencement date will be fixed in the near
future, will replace Mr Claus-Dieter Ehlermann (the EC), Mr Florentino
Feliciano (the Philippines) and Mr Julio Lacarte-Muro (Uruguay), whose
terms of office expire on 10 December 2001. The four continuing
members in the complement of seven are: Mr J Bacchus (the US), Mr G M
Abi-Saab (Egypt), Mr A V Ganesan (India), and Mr Y Taniguchi (Japan).
The
appointments were made according to the Dispute Settlement
Understanding (DSU) which stipulates that the Appellate Body shall “comprise persons of recognized authority with demonstrated
expertise in law, international trade and the subject matter of the
WTO agreements generally.” The DSU also requires that the
Appellate Body be broadly representative of the WTO membership. The
appointments were based on a proposal by a Selection Committee
comprising the Director-General, and the Chairmen of the General
Council, the DSB, the Council for Trade in Goods, the Council for
Trade in Services and the TRIPS Council, after consultation with WTO
Members.
The
Appellate Body was established in November 1995 to hear appeals from
dispute panel reports on issues of law covered in the panel report and
legal interpretations developed by the panel. The Appellate Body can
uphold, modify or reverse the legal findings and conclusions of the
panel. Thirty days after it is issued, an Appellate Body report is
adopted by the DSB, and unconditionally accepted by the parties to the
dispute, unless there is a consensus against its adoption. Since its
establishment in November 1995, the Appellate Body has issued 40 reports, all of which are available on the WTO Website: www.wto.org.
Notes
to editors
Biographical
notes on the three new members are attached. Biographical notes on
Messrs Abi-Saab, Ganesan and Taniguchi are contained in Press/179,
dated 25 May 2000. Biographical notes on Mr Bacchus and the three
outgoing members are contained in Press/32, dated 29 November 1995.
Biographical
notes
Luiz
Olavo BAPTISTA Back
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Born
in Brazil on 24 July 1938, Luiz Olavo Baptista is Professor of Law at
the Department of International Law, University of Sao Paulo Law
School. He has been practising law for more than thirty years as
lawyer, counsel and arbitrator in Brazil and abroad, advising
corporations, governments and individuals.
Professor
Baptista obtained Full Professorship of International Law in Sao Paulo
University Law School in 1993, and has written many books and articles
concerning new and complex legal issues, particularly those related to
international business, trade and foreign investments.
Professor
Baptista was one of the pioneers in studying international arbitration
in Brazil, and has a long experience in arbitration procedures in
different jurisdictions. He participates as a member of the arbitral
corps of several associations, and has acted as advisor for Brazilian
and international organizations. He also has extensive experience in
the issuance of legal opinions, structuring and preparation of merger
and acquisition and joint ventures agreements.
John S LOCKHART
Back
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Born
in Australia on 2 October 1935, John S Lockhart has been Executive
Director at the Asian Development Bank in the Philippines since July
1999, working closely with developing member countries on the
development of programmes directed at poverty alleviation through the
promotion of economic growth. His other duties at the ADB include the
development of law reform programmes and provision of advice on legal
questions, notably the interpretation of the ADB's Charter,
international treaties and UN instruments.
Prior
to joining the ADB, Mr Lockhart served as Judicial Reform Specialist
at the World Bank focusing on strengthening legal and judicial
institutions and working closely with developing countries and
economies in transition in their projects of judicial and legal
reform.
Since
graduating in law from the University of Sydney in 1958, Mr Lockhart's
professional experience has included: Judge, Federal Court of
Australia (1978-1999); President of the Australian Competition
Tribunal (1982-1999); Deputy President of the Australian Copyright
Tribunal (1981-1997); and Queen's Counsel, Australia and the United
Kingdom Privy Council (1973-1978).
Giorgio SACERDOTI
Back
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An
Italian, born
in France on 2 March 1943, Giorgio Sacerdoti has been Professor of
International Law and European Law at Bocconi University, Milan,
Italy, since 1986.
Professor
Sacerdoti has held various posts in the public sector including:
Vice-Chairman of the OECD Working Group on Bribery in International
Business Transactions (since 1999); Panellist at the International
Centre for Settlement of Investment Disputes (since 1981); and
Consultant to the Council of Europe (1996), UNCTAD (1998-2000), World
Bank (1999-2000) in matters related to international investments,
trade, bribery, development and good governance. In the private
sector, he has often served as arbitrator and chairman of arbitration
tribunals and in ad hoc arbitration proceedings for the settlement of
international commercial disputes.
After
graduating from the University of Milan with a law degree summa cum
laude in 1965, Professor Sacerdoti gained a Master in Comparative Law
from Columbia University Law School as a Fulbright Fellow in 1967. He
was admitted to the Milan bar in 1969, and to the Supreme Court of
Italy in 1979. He is a Member of the Committee on International Trade
Law of the International Law Association.
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