Intro Wto Disput Settle
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Transcript of Intro Wto Disput Settle
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Dispute Settlement in the WTO
a central element in providing securityand predictability to the multilateraltrading system
Article 3.2 DSU
Presented by: Peter Morrison
Trade in Services Division
WTO Secretariat
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Dispute Settlement in the WTO:
Overview
Overall aim:
to securecompliance with
the Agreements
Quasi-judicialNature
Secured access
Detailedprocedures
Automaticity in theproceedings
Deadlines
Possible appeal
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Dispute Settlement in the WTO
Scope
An integratedsystem:
Applies to all themultilateralagreements
A single set ofrules for alldisputes
Only a few specific
rules in someagreements
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Dispute Settlement in the WTO
Main players
Dispute Settlement Body (DSB)
Panel and Appellate Body Parties: WTO Members
WTO Secretariat
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Dispute Settlement in the WTO:
Relationship of players
Panel
Appellate Body
Ministerial Conference
Dispute Settlement Body
(General Council)
Request for Panel
by WTO Member
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Dispute Settlement in the WTO:
Main Procedures
Implementation
Appelate Body
Panel
Consultations60 days
9 months
90 days
15 months
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Dispute Settlement in the WTO
Consultations: the request
Indicates reasons for therequest: identification of
the measures
legal basis for complaint
Notified to DSB and
circulated to all Members
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Dispute Settlement in the WTO:
Consultations: function
to accord sympathetic considerationto and accord adequate opportunityfor consultation
confidential, only between the
Members concerned
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Dispute Settlement in the WTO:
Consultations: third parties
But, in some instances, other Memberscan request to be joined in theconsultations Article 4.11 DSU
substantial trade interest
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Dispute Settlement in the WTO:
Consultations: if not successful
If consultations fail to resolve the matter
within 60 daysfrom receipt of request.. Or if no response or no entering into
consultations
. A request for establishment of a panelcan be made
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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 theproblem sufficient to present the problem clearly
Establishment at the latest at the second DSB meeting at which
the request is made; decided by negativeconsensus
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Dispute Settlement in the WTO:Terms of reference and composition of panels
Terms ofreference:
(Article 7 DSU)
Standard, or
Special terms ofreference
Panel Composition:(Article 8 DSU)
well-qualifiedgovernment and/ornon-governmentalindividuals
Secretariat proposals
indicative list ofpanelists
nomination by DG
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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 thematter before it, including an objective assessment of the
facts of the case and the applicability of and conformitywith the relevant covered agreements
Functions of the dispute settlement system to preserve the rights and obligations of Members
under the covered agreements, and to clarify the existingprovisions of those agreements in accordance withcustomary rules of interpretation of public internationallaw Art. 3.2 DSU
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Dispute Settlement in the WTO:
Panel Procedures: main steps
Oral hearings (usually 2), on basis of writtensubmissions
Descriptive part of report issued to parties
Interim review based on draft report
Final report issued to parties
Final report circulated to all Members
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Dispute Settlement in the WTO:Panel Procedures: other sources of input
Third parties have make presentations
need substantial interest (Article 10DSU)
Panels may seek factual information from any relevant
source (Article 13 DSU)
scientific or technical advice from an
Expert review group (Appendix 4 DSU) Requirement of confidentiality (Article 14
DSU)
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Dispute Settlement in the WTO:Panel Procedures: duration
As a general rule, 9 monthsfromestablishment of panel to consideration ofreport for adoption (if no appeal)
12 monthswhere report is appealed
(Article 20 DSU)
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Dispute Settlement in the WTO:Panel procedures:Adoption of Panel Reports
Adoption within60 days of
circulation, bynegativeconsensus.
Except ifappealed
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Dispute Settlement in the WTO:Appellate Review
Appeals limited toissues of law andlegal interpretationsdeveloped by the
panel
Appeal only open toparties to thedispute
Appellate Body 7 members
members to have
recognized authorityand expertise ininternational trade law
members unaffiliatedwith any government
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Dispute Settlement in the WTO:Appellate Review: report and adoption
Report of the Appellate Body:
may uphold, modify or reverse the
legal findings and conclusions of thepanel (Art. 17.12 DSU)
Adoption of Appellate Body report:by reverse consensus within 30 days
of circulation to Members
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Dispute Settlement in the WTO:Implementation
Member must bringthe measures intoconformity with itsWTO obligations
(Article 19 DSU)
Member must informDSB of its intentions infor implementation ofthe recommendations
(Article 1 DSU)
If there is a findingof violation:
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Dispute Settlement in the WTO:Implementation: reasonable period of time
Determination of reasonableperiod of time for implementation:
proposed by Member, and approved byDSB, or
mutually agreed by the parties, or
determined through arbitration: guideline for the arbitrator: 15 months from the
date of adoption (Article 21.3 DSU)
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Dispute Settlement in the WTO:Implementation: surveillance
Surveillance by the DSB
Status reports on implementation
Temporarymeasures
If Member fails to bring measure intoconformity within reasonable period oftime, possibility
compensationor suspension of concessions(retaliation)
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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 oftime.
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Dispute Settlement in the WTO:
ImplementationSuspension 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 orimpairment (Art. 22.4 DSU)
arbitration on level of suspension, or principles ofArt. 22.3 DSU
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Dispute Settlement in the WTO
Performance to Date
Requests for consultations: 315
Adopted reports: 82
Mutually agreed solutions: 45
Adopted compliance reports: 12
Authorization for suspension: 7(retaliation)