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Confronting Fragmentation: a Quest for a Plurilateral Appellate Mechanism under the WTO

Weihuan Zhou & Victor Crochet

Journal of World Investment and Trade2025https://doi.org/10.1163/22119000-12340359article
ABDC A
Weight
0.41

Abstract

Fragmentation in the international trading system, following the proliferation of free trade agreements (FTAs), has been a longstanding phenomenon. However, fragmentation in the systems for settling trade disputes has emerged only recently. The demise of the Appellate Body of the World Trade Organization (WTO) has caused a gradual change of preference of governments as to where and how to resolve disputes. Outside the WTO, an increasing number of disputes are brought under FTAs. Within the WTO, the Multi-Party Interim Appeal Arbitration Arrangement (MPIA) is leading to fragmentation. This trend is fragmenting the interpretation and enforcement of trade rules, thereby diminishing predictability. Although the MPIA has to some extent maintained an appellate system, it is not a typical plurilateral and does not provide a long-term solution to the Appellate Body crisis. A critical mass-based, open plurilateral under the multilateral framework might offer an alternative path to rebuild an effective appellate mechanism.

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https://doi.org/https://doi.org/10.1163/22119000-12340359

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@article{weihuan2025,
  title        = {{Confronting Fragmentation: a Quest for a Plurilateral Appellate Mechanism under the WTO}},
  author       = {Weihuan Zhou & Victor Crochet},
  journal      = {Journal of World Investment and Trade},
  year         = {2025},
  doi          = {https://doi.org/https://doi.org/10.1163/22119000-12340359},
}

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Confronting Fragmentation: a Quest for a Plurilateral Appellate Mechanism under the WTO

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Evidence weight

0.41

Balanced mode · F 0.40 / M 0.15 / V 0.05 / R 0.40

F · citation impact0.25 × 0.4 = 0.10
M · momentum0.55 × 0.15 = 0.08
V · venue signal0.50 × 0.05 = 0.03
R · text relevance †0.50 × 0.4 = 0.20

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