The World Trade Organization’s Appellate Body has been paralysed since 2019 and the MC13 Abu Dhabi outcome (2024) did not restore it. Discuss the implications for India’s trade policy.
Subtopic: IR · Important International Institutions
How to structure your answer
Introduction: The WTO's two-tier dispute settlement system (DSU 1994) has had a paralysed Appellate Body since December 2019, when the US blocked new judges. MC13 in Abu Dhabi (February 2024) failed to revive it.
Body: Three dimensions — (i) Paralysis impact: 'appeal into the void' tactic by losing parties; 30+ pending appeals as of 2025; Multi-Party Interim Appeal Arbitration Arrangement (MPIA) — 53 members, India outside; (ii) India's interests: WTO panel ruled against India in ICT tariffs case (April 2023); India's challenge to EU CBAM hinges on appellate review; (iii) Reform agenda: MC13 mandated 'fully and well-functioning DS system by 2024' but no progress; agriculture and Public Stockholding (PSH) permanent solution still pending.
Way forward / Conclusion: Join the MPIA pragmatically to protect interim rulings, push G20 trade ministers on DS reform, defend PSH at MC14 (Cameroon 2026), and use WTO TRIPS Section 31bis flexibility for pharma exports.
Written within the word limit
146 words · target 150 words · 9 min
Introduction: The WTO's two-tier dispute settlement under the Dispute Settlement Understanding 1994 has had a paralysed Appellate Body since December 2019, when the US blocked new judges; MC13 in Abu Dhabi (February 2024) failed to revive it.
Body: Three dimensions evaluate India's stake. First, paralysis impact — losing parties deploy the 'appeal into the void' tactic; over 30 appeals are pending; the MPIA, with 53 members, operates as a workaround India has not joined. Second, India's interests — the panel ruling against India in the ICT tariffs case (April 2023) and the looming EU CBAM challenge depend on appellate review for binding effect. Third, reform — MC13 mandated a 'fully and well-functioning' DS system by 2024 but no progress was made; the Public Stockholding (PSH) permanent solution remains pending for MC14 (Cameroon, 2026).
Conclusion: Join the MPIA pragmatically, push G20 trade ministers on DS reform, defend PSH at MC14 and use TRIPS Section 31bis flexibility for pharma.
What an examiner expects to see
- WTO Appellate Body paralysed since 11 December 2019
- Multi-Party Interim Appeal Arbitration Arrangement (MPIA) — 53 members; India not a party
- MC13 Abu Dhabi (26 February-2 March 2024) — failed to revive AB
- Permanent solution to Public Stockholding (Bali 2013) still pending
- WTO ICT tariffs case — India ruled to have violated MFN obligations (April 2023)
- MC14 to be hosted by Cameroon in March 2026
- DSU Article 17 — Appellate Body must have 7 members
- 'Appeal into the void' — losing party files dummy appeal to suspend panel ruling
Concrete cases, schemes and judgments
- MC13 Abu Dhabi (February-March 2024)
- MC14 Cameroon (March 2026)
- Multi-Party Interim Appeal Arbitration Arrangement (MPIA)
- WTO ICT tariffs ruling against India (April 2023)
- Public Stockholding negotiation (Bali 2013)