I. INTRODUCTION The first thing that most World Trade Organization delegates do when they receive an Appellate Body Report is flick to the last page, which summarises the Appellate Body's findings and conclusions. If they represent a party in the dispute, the results of many months or even years of their labour may hang on the Appellate Body's decision whether to uphold, modify or reverse the Panel Report. In the following days and months, WTO Members, non-governmental organisations and other commentators will evaluate the outcome of the dispute and the reasoning behind the ultimate findings and conclusions. At meetings of the Dispute Settlement Body (DSB) and in press releases and journal articles, the substance of the Report will be subject to heavy scrutiny. Much of this scrutiny will be freely available to the public, along with the Report itself on the WTO Website. However, some aspects of the Appellate Body's decision-making process with respect to Panels remain hidden within each Appellate Body Report and the careful language chosen by the Division hearing the appeal. These include issues beyond merely upholding, modifying or reversing Panel findings. When should the Appellate Body make positive findings of its own? What kind
Journal of World Investment and Trade – Brill
Published: Jan 1, 2006
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