Règlement des différends
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Foreword
This updated edition of WTO Dispute Settlement: One-Page Case Summaries has been prepared by the Legal Affairs Division of the WTO with assistance from the Rules Division and the Appellate Body Secretariat. This new edition covers all panel and Appellate Body reports adopted by the WTO Dispute Settlement Body as of 31 December 2018.
A brief introduction to countermeasures in the WTO dispute settlement system
The Scandinavian sagas of the early Middle Ages portrayed Iceland as a state without central coercive authority where judgements or awards were often enforced through mediation and ultimately the taking of hostages. In this respect today’s WTO community still very much looks like Iceland ten centuries ago. There is no ‘WTO police’ to send trade ministers to jail if they do not comply with recommendations and rulings of the Dispute Settlement Body (DSB) the political entity supervising the WTO dispute settlement system.
Confidentiality issues under the DSU: Fact-finding process versus confidentiality
The Dispute Settlement Understanding (DSU) is one of the fundamental achievements of the Uruguay Round. The new dispute settlement system has been sometimes called the ‘crown jewel’ of the WTO. Indeed the DSU modified the world trading system significantly by offering a system of binding dispute settlement based on legal rules and procedures. Such a transformation was a welcome change from the diplomatically based dispute system under the GATT 1947 which was textually weak and seriously flawed.
Amicus curiae participation in WTO dispute settlement: Reflections on the past decade
The advent of the WTO has triggered countless debates regarding sovereignty. The process of conforming domestic laws for the purpose of WTO accession and the obligation to comply with a dispute panel or Appellate Body decision have both fuelled fears that an international organization such as the WTO compromises Members’ domestic authority and international sovereignty. Amicus curiae participation in WTO disputes has been evolving against this context. Amicus curiae participation has been described by critics as inappropriately elevating the status of private actors – no matter how big or small – to that of a government. In contrast proponents of amicus curiae participation argue that transparency and participation will strengthen public support for the WTO and thus ultimately strengthen the institution.
Preface
There have been over 300 disputes brought to the World Trade Organization (WTO) since its creation in January 1995 and these disputes cover a wide range of economic activities
Possible Object of a Complaint – Jurisdiction of Panels and the Appellate Body
The previous chapter explored what constitutes a valid basis for a complaint in the WTO dispute settlement system and explained the different types of complaints available under the covered agreements. The present chapter addresses the jurisdiction of WTO panels and the Appellate Body by exploring the question of the object of the complaint. To put it more simply: against what can the complaint be directed? For example in a violation complaint what types of action by a Member are covered by a commitment in a covered agreement? Can only acts of administrative authorities be challenged or also legislative acts? Can the complainant invoke the dispute settlement system only against legally binding acts of Members or also against non-binding acts taken by the Members’ authorities? Can the challenge only be directed against governmental conduct or also against behaviour of private individuals? Can it be directed only against positive action or also against omissions i.e. the failure to act?
THE WTO Dispute Settlement Procedures
The third edition of The WTO Dispute Settlement Procedures collects together the treaty texts decisions and agreed practices relating to the procedures that apply in the settlement of WTO disputes. It affords ready answers to technical questions relating to matters such as: how disputes are initiated and conducted including at the appellate stage; what deadlines apply and how to calculate them; what rules of conduct bind individuals involved in WTO dispute settlement; and what rules of procedure apply to meetings of the Dispute Settlement Body. This highly practical work which includes cross-references and a subject index will prove invaluable to anyone working in WTO dispute settlement including lawyers civil servants working in the field of trade economists academics and students. This edition has been fully updated to take account of revised rules and procedures.
The Scope of WTO Disputes
The WTO dispute settlement system serves to preserve the rights and obligations of members under the WTO Agreement. Accordingly it is open only to WTO members and only for the settlement of disputes concerning their rights and obligations resulting from the WTO Agreement. This chapter examines in more detail when a dispute can be initiated what the object of such dispute can be and which allegations can be made.