A Sad Day!
Dear AB fellow colleagues and ABS staff friends,
I am writing to you since midnight from Beijing. Today is the last working day of the AB which is the unique founctioning well international appeal mechanism of 24 years existence in the world. We are all proud of its achievements. How beautiful name of the AB the Crown Jewel of the WTO! I couldn't sleep and remember the 40 cases we worked very hard together. Days and nights at the AB plus many weekends devoted to the careful case handling in the WTO offices even we sacrificed our vacations and families lives, because we believe our mission is glorious and it is respective by the world trade community! We were working for the rule based multilateral trading system and for the rule of law. Now I feel so bad and with tears for the collapse of the AB where I had spent more than eight years of professional lifetime with my fellow ABM colleagues and ABS staffs who are dedicated and committed to the AB ensuring prompt and positive solution of disputes among WTO members. This year I returned back to the WTO twice. I saw ABMs colleagues and ABS staff were working very hard even under pressure and uncertainty. I enjoyed meeting so many old friends and colleagues. We shared the same wishes to save the AB by all of our modest efforts. I appreciated very much the meetings with the DG, DSB Chair, DDGs, Directors, current and former AB members and WTO staffs. Their recognition of the AB's role and its achievements demonstrate their support to the appeal system of the WTO DS. Unfortunately we couldn't save the AB from stopping founctioning. It is a member driven institution! But we are encouraged by the big majority of the WTO members calling for the start of ABMS selection process and protect the AB! Meanwhile many reform proposals of the AB including ours are submitted to the DSB for consideration. I believe that WTO DS needs an appeal mechanism like the international investment dispute settlement organizations which are considering to set up a similar appeal system. Dispute settlement is am important element of the rule of law and it is a public goods. Panel reports by ad hoc arbitration or panelists need a correction system and an authoritative body to keep the consistency of treaty interpretation.
I cherish very much the ABMs and ABS' work and friendship. Independence and impartiality become a quality of our professional life. No matter what difficulties we may encounter, we should always follow our believes in the rule of law. The AB will come back! The WTO will never die!
Keep in touch.
I love you all!
Best Regards
Yuejiao
at one clock of 10 December 2019
