Mexico,
speaking on behalf of 121 members, once again introduced the group's proposal to
start the selection processes for the appointment of Appellate Body members. The
extensive number of members submitting the proposal reflects a common concern over
the current situation in the Appellate Body that is seriously affecting the overall
WTO dispute settlement system against the best interest of members, Mexico said
for the group.
Twenty
members took the floor to reiterate the importance of resolving the impasse over
the appointment of new members as soon as possible and of re-establishing a functioning
Appellate Body. They pledged their support to continue efforts to find a solution
acceptable to all.
The United
States said it was not in a position to support the proposed decision. The US continues
to have systemic concerns with the Appellate Body, which it has explained and raised
over the past 16 years and across multiple administrations. The US said it believes
that WTO members must undertake fundamental reform if the dispute settlement system
is to remain viable and credible, and that the system can and should better support
the WTO’s negotiating and monitoring functions. The US said it looked forward to
further discussions with members on those concerns and to constructive engagement
with members at the appropriate time.
For the
121 members, Mexico again came back to say that the fact a Member may have concerns
about certain aspects of the functioning of the Appellate Body cannot serve as pretext
to impair and disrupt the work of the DSB and the dispute settlement in general,
and that there was no legal justification for the current blocking of the selection
processes, which is causing concrete nullification and impairment of rights for
many members.
The chair
said that resolving the impasse is of great interest to all WTO members and a matter
which also requires political engagement by all members. The DSB chair said he will
take up the matter again with the General Council chair in the coming days.