Farewell to the Appellate Body: Reflections on Economic Statecraft and International Trade

This paper explores the farewell speeches of former Members of the Appellate Body (ABMs) as a reflection on the challenges and disillusionment surrounding the World Trade Organization’s (WTO’s) dispute settlement system. It highlights the systemic failure to adapt to evolving notions of economic sovereignty, particularly in light of increased protectionism and the impact of national policies on global trade. The analysis frames the AB’s dissolution as a consequence of both procedural obstructions, notably by the United States (US), and a flawed interpretation of sovereignty within international trade law. Through the lens of personal testimonies, the paper underscores the importance of contextualizing legal norms and adapting to new realities in order to preserve trade multilateralism.