The United States has recently reasserted its argument that the real problem at the WTO Appellate Body is that members stay on to finish cases that began before their terms expired.

IIEL’s recently released Issue Brief, a product of discussions between Georgetown faculty, students and stakeholders, provides a solution to the problem without taking sides in the debate over whether the Appellate Body’s current practice of appointing hold-overs is or is not permissible under the current rules. It proposes a single amendment to the DSU that represents a compromise—limiting the use of hold-overs while creating incentives for the timely replacement of ABMs whose terms of office are coming to an end. 

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