Completing the analysis in WTO appeals: The practice and its limitations

Abstract

Since its creation in 1995, the Appellate Body of the World Trade Organization (WTO) has gradually constructed a consistent approach to completing panels' analysis where the circumstances permit. The need for this practice stems from the limitation of WTO appeals to issues of law and the absence of remand in WTO disputes. The Appellate Body can be seen to complete a panel's analysis in two different scenarios: to deal with a claim that the panel failed to address; or to apply a different legal interpretation to the facts of the case, where the Appellate Body has reversed or modified the panel's legal interpretation. In deciding whether to complete a panel's analysis, the Appellate Body appea..