Recent frictions between major nations over the flow and rules of international trade have led to calls for rebooting the WTO. A major concern in the realm of the global trade crisis relates to the distortions caused by government intervention – Chinese state-owned enterprises being mostly under the spotlight. This concern has accentuated the debate on whether the Appellate Body of the WTO has been exercising judicial activism by filling in gaps and ambiguities deliberately left behind at the time of the Uruguay Round negotiations. There are considerable challenges to be overcome through the more efficient use of the WTO’s three legs. Recent declarations by world leaders give some hope that the negotiating function of the WTO will awaken from its comatose state and that multilateralism will ultimately prevail.
Global Trade and Customs Journal