Japan, EU appeal renewable energy panel reports

EUROPE: On 11 February 2013, Japan filed a cross appeal in the dispute involving “Canada — Renewable Energy” (WT/DS412) and the European Union filed a cross appeal in the dispute involving “Canada — Feed-in Tariff Program” (WT/DS426). Canada had earlier appealed these reports on 5 February 2013.

Parties to a dispute can appeal a panel's ruling. Appeals have to be based on points of law, such as legal interpretation — they cannot re-open factual findings made by the panel. Each appeal is heard by three members of a permanent seven-member Appellate Body comprising persons of recognized authority and unaffiliated with any government.

The Appellate Body membership broadly represents the geographic range of WTO membership, with each member appointed for a fixed term. Generally, the Appellate Body has up to three months to conclude its report.