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World Trade Organization: Appellate Body Issues Annual Report

(June 15, 2012) On June 13, 2012, the Appellate Body (AB) of the World Trade Organization issued its Annual Report for 2011. (Appellate Body Issues Annual Report for 2011, WT/AB/17 (June 13, 2012), WTO website.)

The AB, which is located in Geneva, Switzerland,

was established in 1995 under Article 17 of the Understanding on Rules and Procedures Governing the Settlement of Disputes …. . It is a standing body of seven persons that hears appeals from reports issued by panels in disputes brought by WTO Members. The Appellate Body can uphold, modify or reverse the legal findings and conclusions of a panel, and Appellate Body Reports, once adopted by the Dispute Settlement Body …, must be accepted by the parties to the dispute. (Appellate Body, WTO website (last visited June 13, 2012).)

Over the period from 1995 through 2011, 67% of dispute panel decisions have been appealed. (Appellate Body Annual Report for 2011 7 (June 2012).) The report notes that nine appeals were filed with the AB in 2011, all related to original dispute settlement proceedings. Of the nine, four appeals were filed by China, two by the European Union, two by the Philippines, and one by Thailand. In six cases, an additional appellant nation is listed. (Id. at 6.) The AB circulated reports in seven cases; these are described in detail in the annual report. (Id. at 8.)