The United States has once again obstructed the initiation of the selection process for the World Trade Organization’s (WTO) Appellate Body, marking the 98th instance of such a blockade. This continued impasse has left the WTO’s highest adjudicatory body non-functional since December 2019, when the Appellate Body lost its quorum due to the expiration of members’ terms without replacements being appointed.
The Appellate Body, established in 1995, serves as the final arbiter in trade disputes between member nations. Its incapacitation has effectively paralyzed the WTO’s dispute settlement mechanism, as any case appealed to the non-operational body remains unresolved. As of April 2025, the WTO reported that 32 dispute panel rulings had been “appealed into the void,” including two filed by the United States and eleven filed against it.
The United States has consistently expressed concerns over the Appellate Body’s operations, alleging that it has overstepped its mandate by creating new obligations not explicitly agreed upon by member states. This perspective has led to the U.S. blocking the appointment of new members, thereby preventing the body from functioning. In its 2026 Trade Policy Agenda, the Office of the United States Trade Representative reiterated these concerns, stating that the Appellate Body has disregarded the rules set by WTO members and added to or diminished rights or obligations under the WTO Agreement.
Despite repeated calls from over 120 WTO members to commence the selection process for new Appellate Body members, the U.S. has maintained its position. In a meeting of the WTO’s Dispute Settlement Body on April 21, 2026, the United States blocked a joint proposal by 130 countries to fill all seven vacancies on the Appellate Body, underscoring the ongoing deadlock.
The prolonged dysfunction of the Appellate Body has significant implications for the global trading system. Without a functioning appellate mechanism, the enforcement of WTO rules becomes challenging, potentially leading to increased unilateral actions and trade disputes. The situation underscores the pressing need for reforms to address the concerns raised by the United States while restoring the efficacy of the WTO’s dispute settlement system.