GENEVA, SWITZERLAND (RFD NEWS) — U.S. agricultural exporters face growing uncertainty as the World Trade Organization’s Appellate Body remains non-functioning, leaving trade disputes without a final enforcement mechanism. The breakdown limits predictability in a system designed to protect market access.
At Tuesday’s Dispute Settlement Body meeting, Colombia — speaking for 130 members — introduced for the 95th time a proposal to begin filling Appellate Body vacancies. The United States again blocked the move, citing unresolved concerns about judicial overreach and procedural violations.
Washington has prevented new appointments since 2017, following rulings it argues exceeded negotiated mandates — including agriculture cases such as Brazil’s challenge to U.S. cotton subsidies and GSM-102 export credit guarantees.
Without a quorum, countries can appeal panel decisions “into the void,” halting enforcement. This was on display this week after a panel ruling suspending the adoption of a panel ruling on U.S. Inflation Reduction Act tax credits was appealed by the United States.
Several members continue to urge the restoration of the full dispute system, but absent a reform agreement, paralysis is likely to persist.
