Disclaimer
The pages on this web site regarding the Appellate Body and the
Appellate Body Secretariat are intended solely for information. These pages
do not constitute an authoritative interpretation of the WTO Agreements,
including the Understanding on Rules and Procedures Governing the Settlement
of Disputes, or the Working Procedures for Appellate Review.
See
also:
Press
releases:
> WTO appoints two new Appellate
Body Members (19 June 2009)
> WTO appoints four new
Appellate Body members
(27 November 2007)
> WTO appoints new
Appellate Body Member
(31 July 2006)
> DG Lamy notes with sadness the
passing of Appellate Body Member Lockhart
(13 January 2006)
> Chairman of the Appellate Body elected
(20 December 2005)
> WTO
appoints new Appellate Body Member and reappoints three existing Members
(7 November 2003)
> WTO appoints new
Appellate Body Members
(25 September 2001)
> WTO Completes
appointment of Appellate Body Members
(25 May 2000)
> WTO announces
appointments to Appellate Body
(29 November 1995)
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From left to right: Ricardo Ramírez-Hernández, David Unterhalter, Yuejiao Zhang, Ujal Singh Bhatia, Shotaro Oshima, Peter Van den Bossche and Thomas R. Graham
Each Member of the Appellate Body is required to be a person of recognized
authority, with demonstrated expertise in law, international trade
and
the subject-matter of the covered agreements generally. They are also
required to be unaffiliated with any government and are to be broadly
representative of the Membership of the WTO.
A Chairman is elected among the Members to serve a one-year term, which can
be extended for an additional period of one year. The Chairman is
responsible for the overall direction of Appellate Body business. The
current Chairman is Yuejiao Zhang.
A Division of three Members is selected to hear each appeal; each Division
elects a Presiding Member. The process for the selection of Divisions is
designed to ensure randomness, unpredictability and opportunity for all
Members to serve regardless of their national origin. To ensure consistency
and coherence in decision-making, Divisions exchange views with the other
Members of the Appellate Body before finalizing Appellate Body Reports.
The conduct of Members of the Appellate Body and of the
Appellate Body
Secretariat is regulated by the Rules of Conduct for the Understanding
on Rules and Procedures Governing the Settlement of Disputes (DSU). These Rules
emphasize that Appellate Body Members shall be independent, impartial, and
avoid conflicts of interest. A copy of the
Rules of Conduct can be found as
Annex II to the Working Procedures for Appellate Review.
Members of the Appellate Body and their respective terms of office
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Click on the name of each current Appellate Body Member to obtain that
Member's biography.
Former Appellate Body Members
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The following table provides a listing of the persons
who have served on the Appellate Body in the past:
Arbitrations
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Appellate Body Members have also been called upon to determine, through
binding arbitration under Article 21.3(c) of the DSU, the “reasonable period
of time” for the implementation by a WTO Member of Appellate Body or panel
rulings as recommended by the DSB. In carrying out arbitrations
under Article 21.3(c), Appellate Body Members act in an individual capacity.
Notes:
1. Pursuant to Rule 15
of the Working Procedures for Appellate Review, Mr. Ganesan and Mr. Abi-Saab
were authorized by the Appellate Body, upon notification to the
Chairman of the DSB, to complete the disposition of the
appeals in US — Shrimp
(Thailand) (WT/DS343/R), US — Customs Bond Directive (WT/DS345/R), US —
Continued Suspension (WT/DS320/R), and Canada — Continued Suspension
(WT/DS321/R). Mr. Ganesan and Mr. Abi-Saab continue to serve as Appellate
Body Members until such time as the aforementioned appeals are completed.
Consequently, Mr. Ganesan and Mr. Abi-Saab continued to serve as Appellate
Body Members until, respectively, 16 July 2008 and 16 October 2008.
2. In a communication dated 12 November 2008 (WT/DSB/46), Mr. Baptista
informed the Chairman of the DSB that, owing to health reasons, he was
compelled to resign from the office of Appellate Body Member. His term of
office therefore expired in February 2009. |
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