Suspensions: to be continued: the consequences of the Appellate Body report in 'Hormones II'

In October 2008, the WTO Appellate Body (AB) issued its report on Hormones II, marking the next stage in the long-running Hormones case. This comment discusses the AB’s findings on the matter. It outlines how the AB has shown the correct procedural avenue for cases involving compliance panels, regarding the standard of review, burden of proof and the use of Article 21.5 DSU. In particular, the AB resolves the hitherto unanswered question of how to handle cases concerning the compliance of implementing measures in the post suspension stage. However, some important consequences of the report involve the choice of scientific experts in SPS cases, and the use of the so-called carousel technique by parties that are allowed to suspend concessions. This comment shows how these issues may pose serious threats to the objectiveness of panel procedures, as well as the security and predictability of the multilateral trading system