The Extensive (but Fragile) Authority of the WTO Appellate Body

The authority of an international court (IC) is not necessarily evolutionary and its development unidirectional. This article addresses the authority of the Appellate Body (AB) of the World Trade Organization (WTO) and shows how it rapidly and almost immediately became extensive, but has since exhibited signs of becoming more fragile. The article applies a typology of IC authority developed by Alter, Helfer and Madsen (2014) and explains the transformation from narrow authority (a dispute resolution venue under the GATT based on political negotiations) to extensive authority (a judicialized WTO dispute settlement system with a sophisticated case law) and presents empirical indicators of the rise of the AB’s authority. Such rapid development of extensive authority is arguably a unique case in international politics at the multilateral level. That authority nonetheless remains fragile, and shows signs that it could decline significantly for reasons we explain.

The Chicago massacre of 1812, with illustrations and historical documents,

Pages 219-224, publisher's advertisements.

Chicago River North Branch flood control protection : environmental impact statement.

D,Dapp(A-J) also available in microfiche.

1966 UM football players from Chicago area

back row L-R: Royce Spencer, Robert Baumgartner, Robert Kieta, Robert Mielke, David Fisher, Ray Phillips. front row L-R: John Lynch, Gerald Miklos, Ernest Sharpe, Richard Yanz,

Butch Woolfolk, Andrew Bruce, UM Men's Track, 1981 vs Chicago Track Club

[Woolfolk receiving relay baton from Bruce]