The Standard of Review Strikes Back: the US-Korea Drams Appeal

This article contains a brief analysis of how the WTO AppellateBody identified and applied a standard of review in the recentUS–Korea DRAMS Appeal and its implications for this aspectof WTO jurisprudence in the future. Section I discusses theformulation of the objective assessment test and its developmentthrough subsequent cases. Section II sets out the backgroundto the US–Korea DRAMS decision and summarizes the reasoningof the Appellate Body in determining that the panel had notcomplied with its obligations under Article 11 of the DisputeSettlement Understanding. Section III discusses the implicationsof this decision for panels and parties. It is suggested thatthis decision evidences the significant development of the standardof review under the WTO dispute-settlement system. However,it is suggested that the standard is becoming more complex innature, and it may be increasingly difficult for panels to complywith Article 11 without a clear restatement of applicable principlesby the Appellate Body.