| Popis: |
The politicization of the WTO Appellate Body selection process is undermining the Appellate Body’s legitimacy. Quasi-permanent seats, growing obstacles in the appointment and reappointment process, and the growing tendency of Members to appoint political as opposed to legal experts, are damaging the Appellate Body as an institution. Instead of choosing Appellate Body Members with strong legal backgrounds, Members are demonstrating a preference for judges with government experience, in particular ex-ambassadors. This development may erode respect for Appellate Body decisions. As Montesquieu noted, “there is no liberty, if the power of judging be not separated from the legislative and executive powers.” Members would be wise to remember this as they ponder Appellate Body appointments and reappointments. |
