Mexico,
speaking on behalf of 123 members, introduced for the 51st time the group's
proposal to start the selection processes for filling vacancies on the
Appellate Body. Mexico noted that the Philippines has become the latest
co-sponsor of the initiative. The
extensive number of members submitting the proposal reflects a common concern
over the current situation in the Appellate Body which is seriously affecting
the overall WTO dispute settlement system against the best interest of members,
Mexico said for the group.
The
United States reiterated 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. The dispute
settlement system can and should better support the WTO’s negotiating and
monitoring functions, the US said, adding that it looked forward to further
discussions with members on these important issues.
Around
20 delegations (including EU for its 27 members and Nigeria for the African
Group) took the floor to reiterate the importance of the WTO's two-tiered
dispute settlement system to the stability and predictability of the
multilateral trading system. They noted
that the impasse was impacting the rights and obligations of the entire
membership and pledged their support to continue efforts to find a solution
acceptable to all. Several cited this issue as the top priority for reform of
the organization and expressed hope that the upcoming 12th
Ministerial Conference in June would provide the opportunity to move
forward towards a solution.
For
the 123 members, Mexico again came back to say 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 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, Ambassador Didier Chambovey, said he hoped
members can find solutions through consensus so they can open the path to
resolving the problem in a collective spirit and finding a solution acceptable
for all.