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Navigating the Backlash: Re-Integrating WTO and Public International Law?

Navigating the Backlash: Re-Integrating WTO and Public International Law? Navigating the Backlash: Re-Integrating WTO and Public International Law? Imogen Saunders* 1 Introduction The World Trade Organisation WTO (‘ ’) is a relative youngster on the interna- tional scene: born in 1995 in the heights of internationalism, it is a Generation Z institution flanked by its mostly Boomer1 and Generation X2 companions. Yet at the tender age of 25, the WTO is being challenged like never before. Shifting geopolitical power and the ongoing trade war between the United States (‘US’) and China present new challenges to the way that trade rules are viewed and enforced. The blocking of Appellate Body (‘ AB’) appointments by the US —a policy which began in earnest in 2017—threatens to leave the WTO dispute settlement system unable to function.3 Yet although this tactic is new, it is only possible because of an overhang from the -WTO pre , ad-hoc General Agreement on Tariffs and Trade (‘GATT ’)4 years of international trade — law which enshrines primacy of consensus in decision making in the .WTO 5 Viewing “backlash” as ‘intense and sustained public disapproval of a system accompanied by aggressive steps to resist the system and to remove its legal force’,6 the US actions fit http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The Australian Year Book of International Law Online Brill

Navigating the Backlash: Re-Integrating WTO and Public International Law?

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
eISSN
2666-0229
DOI
10.1163/26660229_03801007
Publisher site
See Article on Publisher Site

Abstract

Navigating the Backlash: Re-Integrating WTO and Public International Law? Imogen Saunders* 1 Introduction The World Trade Organisation WTO (‘ ’) is a relative youngster on the interna- tional scene: born in 1995 in the heights of internationalism, it is a Generation Z institution flanked by its mostly Boomer1 and Generation X2 companions. Yet at the tender age of 25, the WTO is being challenged like never before. Shifting geopolitical power and the ongoing trade war between the United States (‘US’) and China present new challenges to the way that trade rules are viewed and enforced. The blocking of Appellate Body (‘ AB’) appointments by the US —a policy which began in earnest in 2017—threatens to leave the WTO dispute settlement system unable to function.3 Yet although this tactic is new, it is only possible because of an overhang from the -WTO pre , ad-hoc General Agreement on Tariffs and Trade (‘GATT ’)4 years of international trade — law which enshrines primacy of consensus in decision making in the .WTO 5 Viewing “backlash” as ‘intense and sustained public disapproval of a system accompanied by aggressive steps to resist the system and to remove its legal force’,6 the US actions fit

Journal

The Australian Year Book of International Law OnlineBrill

Published: Dec 12, 2021

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