WTO ANALYTICAL INDEX DSU – Article 4 (Jurisprudence) 4 for consultation regarding any representations made by another Member concerning measures affecting the operation of any covered agreement taken within the territory of the former'. See the WTO Analytical Index Introduction. <>
Its coverage includes panel and Appellate Body reports, arbitral decisions and awards, and decisions and other significant activities of WTO Committees, Councils, and other WTO bodies. The WTO Analytical Index is the authoritative guide to the interpretation and application of findings and decisions of WTO panels, the WTO Appellate Body and other WTO bodies. <>
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The Dispute Settlement Understanding of the World Trade Organization (WTO) establishes a set of rules and procedures and provides a forum for resolving trade disputes between WTO member countries. Documents Online provides access to the official documentation of the World Trade Organization. The agreements covered include the WTO Agreement and side agreements, 1994 GATT and the DSU (Understanding on Rules and Procedures Governing the Settlement of Disputes). WTO ANALYTICAL INDEX DSU – Article 3 (Jurisprudence) 3 2. Almost any person involved in WTO legal issues consults regularly the WTO analytical index to see what panels and the Appellate Body said about a provision. Kitco News collects and features the top financial, economic and geopolitical news from around the world. The Analytical Index is an edited compendium of key materials from the entire work of the WTO as an organization, arranged by topic and set into context by introductory summaries or remarks. The chapter on the DSU (which also covers the Working Procedures for Appellate Review and the Rules of … P��֟m�Z�67R��[�#ןh+�Y���$����"g�?ֶ]@�o\]tFt���� ��w`�V����|�B5�?ݨa��ƹ�{(8��E�9�u�jjUi1䬮pV{�ՋBն��b[�N��뜤[��V�n�K���j�E���צy[�
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… The panel request … defines the scope of the dispute and serves to establish and delimit the panel's jurisdiction. 978-1-107-02525-7 - WTO Analytical Index: Guide to WTO Law and Practice: Third Edition: Volume I Legal Affairs Division, World Trade Organization Index More information Index by Subject AB procedures (DSU 17.9 and ABWP) additional procedures (ABWP 16(1)): see special or additional procedures (AB) (ABWP 16(1)) adoption, AB authority DSU 885 <>
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While the GATT also contained provisions for conflict resolution, the DSU contains a number of innovations. Members,. 2 0 obj
"6 It covers the jurisprudence of the WTO Appellate Body, panels and arbitrators as well as related decisions and other significant actions taken by other relevant WTO bodies. Kitco's aggregated sources include some of the top newswires in the world including the Association Press, Canadian Press, Japanese Economic Newswire, and United Press International. WTO ANALYTICAL INDEX DSU – Article 21 (Jurisprudence) 4 3. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/Annots[ 16 0 R 21 0 R 22 0 R 24 0 R 25 0 R 26 0 R 27 0 R 29 0 R 30 0 R 31 0 R 32 0 R 33 0 R 35 0 R 39 0 R 40 0 R 41 0 R 42 0 R 46 0 R 47 0 R 48 0 R 51 0 R 52 0 R 54 0 R 56 0 R 57 0 R 59 0 R 60 0 R 66 0 R 72 0 R 73 0 R 75 0 R 78 0 R 79 0 R 80 0 R 81 0 R 83 0 R 84 0 R 86 0 R 89 0 R 91 0 R] /MediaBox[ 0 0 595.2 841.6] /Contents 4 0 R/Group<>/Tabs/S>>
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DSU Article 23 prohibits the enforcement of WTO law outside the WTO-regime, in order to avoid that the position of the WTO Dispute Settlement Body is undermined by the WTO Member States. 3 0 obj
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The database contains over 140,000 documents in the three official languages from 1995 onwards and is updated daily. 4 0 obj
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This first edition of theWTO Analytical Index provides a guide to the interpretation and application of theMarrakesh Agreement Establishing the World Trade Organization ("WTO Agreement"), drawing on the jurisprudence of panel, Appellate Body and arbitration reports, and on decisions of WTO bodies. x��]k������!����3�)�y#AM�EZ$����F��b�J3sϐ�琼����W�h�k�auC�t����Z�V�Hѭ~�����7WϮ������re�]�>������'Wz�V���4��ۧ���Wwϝ��]����>���t#W���Zy��������ܣ?����b����ݔ` WTO PUBLICATIONS Centre William Rappard Rue de Lausanne 154 1211 Geneva 21, Switzerland Telephone: (41 22) 739 5208, 5308 Fax: (41 22) 739 5792 Email: publications@wto.org www.wto.org BERNAN 4611-F Assembly Drive Lanham, MD 20706, U.S.A. Telephone: (800) 274-4447 Fax: (301) 459-0056 Email: info@bernan.com www.bernan.com The WTO Analytical Index is a comprehensive guide to the interpretation and application of the WTO Agreements by the Appellate Body, dispute settlement panels and other WTO bodies. The dispute settlement system of the WTO is a central element in providing security and predictability to the multilateral trading system. 1 0 obj
Rather than incorporate material from the earlier GATT Analytical Index (see above), the WTO Analytical Index refers to it and has its own chapter on … All WTO documents are posted in PDF and WORD format. DSU. The Dispute Settlement Understanding (DSU) is often seen as one of the most important achievements in the World Trade Organization (WTO) Agreement. 1. Organized article-by-article, the GATT Analytical Index cites to documents from the drafting and negotiation of the GATT, mostly pre-Uruguay Round, and to dispute reports. This publication report covers the DSU. The WTO Analytical Index is available electronically via the WTO … Pursuant to the rules detailed in the DSU, member states can engage in consultations to resolve trade disputes pertaining to a "covered agreement" or, if unsuccessful, have a WTO … 3 www.wto.org, WTO analytical index: Guide to WTO Law and Practice-Understanding on Rules and Procedures Governing the Settlement of Disputes Appendixes 2 to the DSU on special or additional dispute settlement rules and procedure. %PDF-1.7
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TEXT OF THE PREAMBLE. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/Annots[ 16 0 R 20 0 R 21 0 R 24 0 R 25 0 R 26 0 R 27 0 R 31 0 R 32 0 R 34 0 R 35 0 R 36 0 R 38 0 R 39 0 R 41 0 R 44 0 R 46 0 R 47 0 R 48 0 R 50 0 R 51 0 R 54 0 R 55 0 R 57 0 R 59 0 R 60 0 R 62 0 R 64 0 R 66 0 R 69 0 R 75 0 R 78 0 R 82 0 R 83 0 R 86 0 R 87 0 R 91 0 R 93 0 R 95 0 R 96 0 R] /MediaBox[ 0 0 595.2 841.6] /Contents 4 0 R/Group<>/Tabs/S>>
What is a third party? To identify decisions on specific topics or articles of an agreement from a GATT or WTO dispute settlement body or WTO Appellate Body, start with the relevant Analytical Index below.Produced by the Legal Affairs Division of the WTO Secretariat, these two publications are guides to the interpretation and application of the agreements. <>
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“The WTO Analytical Index” is an article-by-article guide to the interpretation and application of the WTO agreements by WTO bodies. WTO ANALYTICAL INDEX DSU – Article 7 (Jurisprudence) 3 "According to Article 7 of the DSU, a panel's terms of reference are governed by the request for the establishment of a panel, unless the parties agree otherwise. Covers to Jan. 1, 1995. 73 The WTO Dispute Settlement Body is regarded as one of the most innovative features of the WTO … The Index presents itself as " the authoritative guide to the interpretation and application of findings and decisions of WTO panels, the WTO Appellate Body and other WTO bodies". Article 3.2 of the Dispute Settlement Understanding (DSU) determines that ‘recommendations and rulings of the DSB cannot add to or diminish rights and obligations’ of WTO Members. The "WTO Analytical Index" is a comprehensive guide to the interpretation and application of the WTO agreements by the Appellate Body, dispute settlement panels and other WTO bodies. In 1994, the WTO members agreed on the Understanding on Rules and Procedures Governing the Settlement of Disputes or Dispute Settlement Understanding (DSU) (annexed to the "Final Act" signed in Marrakesh in 1994). * Explanation of WorldTradeLaw.net's WTO Case Law Index *. Moreover, pursuant to Article 4.6 of the DSU, consultations are It explains: what is a third party; who qualifies as a third party to a dispute; what are the benefits of participating as a third party; enhanced third party rights; and, the limits of what third parties can do. At a DSB meeting held within 30 days11 after the date of adoption of the panel or Appellate Body report, the Member concerned shall inform the DSB of its intentions in respect of implementation of the recommendations and rulings of the DSB. Having decided to establish a basis for initiating a process of reform of trade in agriculture in line with the objectives of the negotiations as set out in the Punta del Este Declaration;. 4 0 obj
WTO ANALYTICAL INDEX DSU – Article 22 (Jurisprudence) 4 seek to suspend concessions or other obligations under another covered agreement; (d) in applying the above principles, that party shall take into account: (i) the trade in the sector or under the agreement under which the <>
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WTO ANALYTICAL INDEX DSU – Article 6 (Jurisprudence) 4 1.2 Article 6.1 1.2.1 Multiple panels 1.2.1.1 Two panels established, same parties and same claims 1. For many years, the GATT Analytical Index was the primary resource used to research GATT case law. For a consultation-based focus of MAS, see Baroncini, Elisa (1999), ‘ The WTO Dispute Settlement Understanding as a Promoter of Transparent, Rule-oriented, Mutually Agreed Solutions – A Study of the Value of DSU Consultations and Their Positive Conclusion ’, in Mengozzi, Paolo (ed.