Beruflich Dokumente
Kultur Dokumente
IN
WTO
PREPARED BY
CHAN BONNIVOIT
WTO OFFICE
NOTIFICATION AND LEGAL COMPLIANCE DEPARTMENT
MINISTRY OF COMMERCE
Table of Contents
I. General Aspects
a) Overview
b) Scope
c) Aims and Main Characters
II. Procedural Stages
a) Consultations
b) Panel Review Process
i. Request for Establishment
ii. Composition
iii. Proceedings
c) Appellate Review
d) Implementation
i. Reasonable Period of Time
ii. Implementation Review Process
e) Non-Implementation
i. Compensation
ii. Suspension of Concessions
III. A Government Lawyer’s Perspectives
Part I
General Aspects
Dispute Settlement in the WTO:
Dispute Settlement under GATT 1947
Articles XXII and XXIII of GATT:
nullification and impairment
– "nullification and impairment" of the benefits that should flow
from the agreement.
Adoption
WTO Dispute Settlement Body
establishes
Panel
CONSULTATION
Report
PANEL
Dispute Settlement in WTO:
Overview
Judicial Level
Structure of the WTO Agreement
WTO Agreement
GATT
TRIPS
A A A A Plurilateral Agreements:
Procedural
Stages
Dispute Settlement in the WTO:
Main Stages
Consultations
(60 days)
Panel established
by DSB Good offices,
conciliation and
mediation
Composition of the panel
Requested Member replies within 10 days Requested Member does not reply
Entry into consultations within 30 days They do not enter into consultations within 30 days
Interim review
Composition of
a panel
max. 9 months
Dispute Settlement in the WTO:
Adoption of Panel Reports
Art. 16 DSU
Adopted at a DSB
meeting within 60
days of circulation, … Except if
unless negative appealed
consensus….
II.c
Appellate Review
Dispute Settlement in the WTO:
Appellate Review (I)
Article 17 DSU
Standing Appellate
Appeals limited to Body
issues of law and 7 members
legal interpretations persons of recognized
developed by the authority and expertise in
panel international trade law
“unaffiliated with any
Appeal only open to government”
parties to the dispute
Dispute Settlement in the WTO:
Appellate Review (II)
Report of the Appellate Body:
“The Appellate Body may encourage,
modify or reverse the legal findings and
conclusions of the panel” (Art. 17.12 DSU)
Compensation:
(Article 22 DSU)
Voluntary
Negotiated
Compatible with WTO Agreements
If no compensation agreed within 20 days after
expiry of reasonable period of time….
Dispute Settlement in the WTO:
Implementation (V)
Suspension of concessions:
same sector/other sector/ other agreement
level of suspension: “equivalent to the level of
nullification or impairment” (Art. 22.4 DSU)
authorization to suspend: within 30 days of
expiry of reasonable period of time
arbitration on level of suspension or principles
of Art. 22.3 DSU
II.e
Non-
Implementation
Dispute Settlement in the WTO:
Surveillance of Implementation
Surveillance by the DSB: Status reports
on implementation (21.6 DSU)
In addition:
Suspension of concessions may not have
punitive nature
EC - Bananas III (US) (Art. 22.6) - para. 6.3 WT/DS27/ARB
US – Cotton Yarn, para. 120 WT/DS192/AB/R
Mandate of the arbitrator
Art. 22.7 DSU