Reflections on US—Zeroing: A Study in Judicial Overreaching by the WTO Appellate Body

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This Essay discusses the role of the WTO Appellate Body through the lens of its decision in United States—Laws, Regulations, and Methodology for Calculating Dumping Margins. The author argues that the Appellate Body ignored textual obligations to defer to administering authorities, improperly engaged in fact-finding, and rejected a well-established doctrine of justiciability—all of which go to the heart of judicial restraint. In so doing, the Appellate Body inappropriately expanded the WTO’s authority to hear facial challenges. Ten years after the Body’s first report, we should look at the WTO mechanism for dispute resolution with some concern.