Abstract

The WTO Dispute Settlement System, created in 1994 by the Marrakech Agreement, consists of a structure built to ensure rule-based decisions and compliance with its provisions, assured by its negative or reverse consensus. The standoff created by the United States in 2015, due to the disagreement in the Appellate Body's judgments, has effectively blocked the operation of the WTO since December 2019. This scenario produced a number of deadlocked cases in which WTO members began to "appeal into the void" and, therefore circumvent WTO rules. Faced with the non-functioning multilateral trade ...