This article deals with the interpretive technique of the World Trade Organization’s (WTO’s) dispute settlement system’s Appellate Body (AB). It also discusses whether the interpretive method used by the AB is legitimate. To this end, the article defines the concept of legitimacy based on the elements that are of fundamental importance to WTO members—confidence among members and the expectation that the dispute settlement system brings predictability to the rules negotiated during the Uruguay Round. The article argues that the primacy given to the text of the agreements is one of the fundamental elements of stability and predictability sought by WTO members. Throughout the article, some practical recommendations for those presenting arguments to the Appellate Body.
Global Trade and Customs Journal