Académique Documents
Professionnel Documents
Culture Documents
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Dispute Settlement in the WTO:
Overview
Overall aim: Quasi-judicial
to secure Nature
compliance with Secured access
the Agreements Detailed
procedures
Automaticity in the
proceedings
Deadlines
Possible appeal
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Dispute Settlement in the WTO
Scope
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Dispute Settlement in the WTO
Main players
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Dispute Settlement in the WTO:
Relationship of players
Ministerial Conference
Appellate Body
Panel
Consultations
60 days
Panel
9 months
Appelate Body
90 days
Implementation
15 months
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Dispute Settlement in the WTO
Consultations: the request
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Dispute Settlement in the WTO:
Consultations: function
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Dispute Settlement in the WTO:
Consultations: third parties
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Dispute Settlement in the WTO:
Consultations: if not successful
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Dispute Settlement in the WTO:
Establishment of panels
Request for establishment:
must “identify the specific measures at issue and
provide a brief summary of the legal basis of the
problem sufficient to present the problem clearly”
Establishment
at the latest at the second DSB meeting at which
the request is made; decided by negative
consensus
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Dispute Settlement in the WTO:
Terms of reference and composition of panels
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Dispute Settlement in the WTO:
Panels: how they function
Functions of the Panel
“…a panel should make an objective assessment of the
matter before it, including an objective assessment of the
facts of the case and the applicability of and conformity
with the relevant covered agreements…”
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Dispute Settlement in the WTO:
Panel Procedures: main steps
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Dispute Settlement in the WTO:
Panel Procedures: other sources of input
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Dispute Settlement in the WTO:
Panel Procedures: duration
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Dispute Settlement in the WTO:
Panel procedures: Adoption of Panel Reports
Adoption within
60 days of
circulation, by
negative
consensus….
… Except if
appealed
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Dispute Settlement in the WTO:
Appellate Review
Appeals limited to Appellate Body
“issues of law and 7 members
legal interpretations
members to have
developed by the
recognized authority
panel” and expertise in
Appeal only open to international trade law
parties to the members unaffiliated
dispute with any government
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Dispute Settlement in the WTO:
Appellate Review: report and adoption
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Dispute Settlement in the WTO:
Implementation
If there is a finding
of violation:
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Dispute Settlement in the WTO:
Implementation: reasonable period of time
Determination of “reasonable
period of time” for implementation:
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Dispute Settlement in the WTO:
Implementation: surveillance
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Dispute Settlement in the WTO:
Implementation
Compensation:
(Article 22 DSU)
Voluntary
Negotiated
Compatible with WTO Agreements
If no compensation agreed within 20 days
after expiry of reasonable period of
time….
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Dispute Settlement in the WTO:
Implementation
Suspension of concessions:
when authorized?
on expiry of 20 days after the end of the
reasonable period of time
which products?
same sector/other sector/ other agreement
level of suspension?
“equivalent to the level of nullification or
impairment” (Art. 22.4 DSU)
arbitration on level of suspension, or principles of
Art. 22.3 DSU
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Dispute Settlement in the WTO
Performance to Date
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