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Unit 3 - DSU
Unit 3 - DSU
Unit 3 - DSU
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Unit 3:
WTO DISPUTE
SETTLEMENT SYSTEM
Dr. Dao Gia Phuc
WTO DISPUTE SETTLEMENT SYSTEM
LEGAL BASIS
Pros?
n Consensus mechanism;
n Without a judicial-type institution.
Dr. Dao Gia Phuc
+ WTO : Dispute Settlement
Understanding
- ‘Legal interest’ ?
§ No explicit provision in the DSU;
§ EC – Banana III.
Dr. Dao Gia Phuc
A company in Elastia faces a trade barrier in
Hardia and believes that the measure is
incompatible with WTO:
a) It may bring a complaint by requesting
consultations, after which a panel may be
established.
1. Legal assistance to
Panel adjudicating bodies and
administrative assistance to DSB.
CONSULTATIONS: (Article 4)
- Must always precede resort to adjudication;
- Cheaper and more satisfactory for the long-term
trade relations.
Whether
+ the boxes belong to “Alternative to 36
adjudication” or “Adjudication”?
Alternative to adjudication Adjudication
Good offices,
conciliation
and mediation
Mutually agreed
solution, which can be
reached anytime
Rule on whether a
measure is inconsistent
with the WTO covered
agreements
+ REMEDIES FOR BREACH OF WTO LAW
WITHDRAWAL INCONSISTENT MEASURES