Appeal into the void
Topic: International Trade Policy, WTO and Intellectual Property · NCERT: Beyond NCERT
Meaning
Appeal into the void means appealing a WTO panel ruling to the Appellate Body even though it cannot function. The Appellate Body has been non-functional since 11 December 2019, because the US blocks new appointments. An appeal cannot be heard, so the panel ruling is never adopted and stays frozen indefinitely. The losing side escapes a binding ruling, and WTO dispute settlement loses much of its force.
Example
India has appealed into the void in three cases:
- DS541 (export incentives such as MEIS), after a panel ruled against India in October 2019;
- the sugar subsidy cases (DS579–581, 2021–22);
- ICT tariffs (DS582, 2023).
The US did the same in 2022 after panels rejected its defence of the s.232 steel and aluminium tariffs.
Don't confuse with
- MPIA: the MPIA is a stop-gap arbitration route that lets its members still get an appeal heard. India has not joined it.
Related concepts
- Multilateral trade agreements
- Rule-based trading regime
- Multilateralism
- Plurilateral agreement
- Non-discrimination principle
- Most-favoured-nation principle
- National treatment
- Exceptions to MFN
- Enabling clause
- Generalised System of Preferences