ABSTRACT
Chapter 4 analyzes the main reasons of the long-lasting US discontent about the WTO Appellate Body, particularly its judicial activism and the impact of some of its overreaching interpretation of the WTO agreements on the US' national sovereignty. The chapter also deals with the efforts and the proposals advanced by other WTO members in order to preserve a two-tier system for the settlement of international trade disputes and to maintain the operation of a rules-based multilateral trading system. Particularly, the chapter analyzes the Multiparty Interim Appeal Arbitration Agreement (MPIA) proposed in April 2020 that creates an interim solution that preserves binding dispute settlements by allowing appeals heard under Article 25 of the DSU. The New EU Enforcement Regulation is also briefly analyzed along with the issue of its compliance with Public International Law.
