Download - Transparency and the rule of law
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Slide n° 1
Transparency and the rule of lawTransparency and the rule of law
• Trade Policy Review
• Dispute Settlement Mechanism
• Accession
• Regional Trade Agreements
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TPR: Introduction and objectivesTPR: Introduction and objectives
• Introduction
• Objective
• Trade policy reviews
• Scope of reviews
• TPRM and dispute settlement
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TPR: The TPRM in practiceTPR: The TPRM in practice
• The special features of the TPRM
• Benefits for the multilateral trading system
• Benefits for the Member under review
• Other benefits
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TPR: Frequency of reviewsTPR: Frequency of reviews
• The review cycles
• Members' review cycles
• Guidelines for succeeding reviews
• Variations in review cycles
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TPR: Basis for reviewTPR: Basis for review
• The Secretariat report
• Structure of the Secretariat reports
• Government's participation in the Secretariat report
• The Government's policy statement
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TPR: The TPRM review processTPR: The TPRM review process
• Introduction
• Collection of information
• Visit to the capital
• Preparation of documents
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TPR: Review meetings - preliminariesTPR: Review meetings - preliminaries
• The Trade Policy Review Body
• Discussants and observers
• Documentation and question in advance
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TPR: The TPRB meetingTPR: The TPRB meeting
• The Member's initial statement
• Statements by the discussants
• Other statements and outline of main themes
• Replies by the Member
• Discussions and conclusion
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TPR: Follow-up and publicationsTPR: Follow-up and publications
• Press conference
• Minutes
• Supplementary information
• Publications
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TPR: The TPRM and developing countriesTPR: The TPRM and developing countries
• The importance of the TPRM for developing countries
• Coverage of developing countries
• Helping participation in the TPRM
• Special provisions in the TPRM for the developing countries
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TPR: The review programmeTPR: The review programme
• The 1998 review programme
• Reviews conducted
between 1989 and 1997
• Reviews by region
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DS: PurposeDS: Purpose
• A central role in the security and predictability of WTO multilateral trading system
• A system favouring mutually agreed solutions
• A rule-oriented system
• A system intended to secure withdrawal of inconsistent measures
• Efficiency and dependability of dispute resolution
• A key to the effective functioning of the WTO
• Detailed procedures
• Quasi-judicial nature of procedures
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DS: PrinciplesDS: Principles
• Multilateralism v. unilateralism
• Exclusive application of WTO rules on dispute
settlement to disputes related to the WTO
• Uniform application to all WTO Agreements
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DS: FunctionsDS: Functions
• Preserving the rights and obligations of WTO Members
• The central concept of nullification or impairment
• In the Agreements on trade in goods
• In the GATS
• In the TRIPS Agreement
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DS: A two-tier mechanismDS: A two-tier mechanism
• Resolution by the parties themselves or resolution by a third party
• Resolution through mutually agreed solution
• Consultations
• Objectives of consultations
• Functions of consultations
• Good offices, conciliation and mediation
• Adjudication
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DS: CoverageDS: Coverage
• The principle: the DSU is applicable to all WTO agreements
• The exception: particular situation or the Plurilateral Trade
Agreements
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DS: IntroductionDS: Introduction
• Entities involved in the dispute settlement process
• The Dispute Settlement Body
• The adjudicating entities: panels and the Appellate Body
• The parties: the WTO Members
• Administrative and legal support: the WTO Secretariat
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DS: The Dispute Settlement BodyDS: The Dispute Settlement Body
• The entity overseeing the functioning of the dispute settlement
mechanism
• Decision-making process in the DSB: quasi-automaticity
• Participation in decision-making by the DSB
• Special role of the Chairman of the DSB
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DS: PanelsDS: Panels
• Task of panels: review the facts and arguments submitted by the
parties to a particular dispute
• Composition of panels: who can be called to serve on a panel?
• Panelist selection process
• Appointment of panelists
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DS: Appellate BodyDS: Appellate Body
• Task of the Appellate Body: review on appeal the issues of law
addressed by panels
• Composition of the Appellate Body
• Operation of the Appellate Body
• The Appellate Body Secretariat
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DS: ArbitrationDS: Arbitration
• Arbitration as an alternative to dispute resolution through panel and
Appellate Body procedure
• Arbitration in the implementation of reports
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DS: Interested partiesDS: Interested parties
• Who can participate?
• Complaint by more that one Member
• Who can take part in consultations?
• Third parties to the proceedings before the panel and the
Appellate Body
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DS: ExpertsDS: Experts
• Panels' general right to seek information
• Consultation of experts
• Expert review groups
• Circumstances and nature of consultations or expert review groups
• Composition of expert review groups
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DS: The SecretariatDS: The Secretariat
• Role of the Director-General
• Good offices, conciliation or mediation
• Good offices, conciliation or mediation in situations involving a least-developed country Member
• Appointment of panel members
• Appointment of arbitrators
• Responsibilities of the Secretariat Staff
• Administrative support to the DSB
• Assistance to developing country Members
• Panel secretariat
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DS: Rules of conductDS: Rules of conduct
• Purpose of rules of conduct in dispute resolution
• "Players" concerned
• Obligations under the WTO Rules of Conduct
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DS: Consultation phaseDS: Consultation phase
• A recognized means of dispute resolution
• Obligations of the Members in relation to the conduct of consultations
• Specific conditions in case of urgency
• Conditions applicable to requests by third parties to join consultations
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DS: PanelsDS: Panels
• Request for the establishment of a panel
• Establishment of a panel
• Constitution of a panel
• Terms of reference
• General requirements regarding the composition
• Absence of agreement of the parties regarding the composition
• Constitution of a panel in case of multiple complaints
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DS: Panel processDS: Panel process
• Organization of the panel procedure
• Structure of the panel review
• First exchange of submissions by the parties
• Subsequent meetings of the panel and submissions by the parties
• Issuance of the descriptive part of the panel report and interim review
phase
• Issuance of the interim report of the panel
• Issuance of the final report of the panel
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DS: Panels - Time periodsDS: Panels - Time periods
• Periods within which panels must complete their work
• Timetable for panel work
• Specific timetables under the SCM Agreement
• Disputes regarding prohibited subsidies
• Disputes regarding actionable subsidies
• Timetables in case of multiple complainants
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DS: Appeals ProcessDS: Appeals Process
• Who can appeal?
• What can be subject to appeals?
• Duration of appeals process
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DS: Deliberation and decision-makingDS: Deliberation and decision-making
• In panels
• In the Appellate Body
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DS: Content of the reportsDS: Content of the reports
• Panel report
• Appellate Body report
• Conclusions and Remedies
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DS: AdoptionDS: Adoption
• Adoption of panel reports
• Adoption of Appellate Body Reports
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DS: Voluntary implementationDS: Voluntary implementation
• Absence of a "Trade policeman"
• Surveillance and implementation of reports
• Implementation within a "reasonable period of time"
• Disagreement as to the actual implementation of the report
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DS: Non-complianceDS: Non-compliance
• Incentive for the "losing" Member to implement panel or appellate
body recommendations
• Compensation
• Suspension of concessions
• Conditions for suspension of concessions or other obligations (retaliation)
• Compensation and retaliation: Temporariness of measures
• Control of the level of suspension of concessions
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DS: SurveillanceDS: Surveillance
• Surveillance by the Members and the DSB
• Form of control
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DS: S&D - ProceduresDS: S&D - Procedures
• Recognition of the special condition of developing and least-
developed country Members
• Accelerated procedure at the request of a developing country
Member
• Special consideration of least-developed country Members
involved in a case
• Good offices, conciliation or mediation by the Chairman of the DSB
or the Director-General of the WTO
• Assistance from the Secretariat
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DS: S&D - ConsultationDS: S&D - Consultation
• Special attention to the particular problems and interests of LDCs
• Extension of the regular period of consultation
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DS: S&D - AdjudicationDS: S&D - Adjudication
• Consideration of special rights of developing country Members in the
selection of panelists
• Allocation of sufficient time to developing country Members to
prepare their argumentation
• Transparency
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DS: S&D - ImplementationDS: S&D - Implementation
• Requirement to assess actions to be taken
• Economic aspects to be taken into account in the assessment
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ACC: How to accedeACC: How to accede
• Article XII
• State or separate customs territory
• Terms to be agreed/negotiated
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ACC: The procedureACC: The procedure
• Commencement of the accessions process
• Working party and the fact-finding process
• Bilateral negotiations
• Report, Protocol of Accession and Entry into Force
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REG: RTAs and the WTO - GeneralREG: RTAs and the WTO - General
• Significance of RTAs in the WTO Context
• RTAs in the GATT
• RTAs in the WTO
• Rules
• The Committee on Regional Trade Agreements (CRTA)
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REG: Article XXIV of GATT 1994 (1)REG: Article XXIV of GATT 1994 (1)
• Coverage and basic thrust
• The rules
• Basic principle: paragraph 4
• Definition of customs unions and free-trade areas: paragraph 8
• Conditions: paragraph 5
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REG: Article XXIV of GATT 1994 (2)REG: Article XXIV of GATT 1994 (2)
• Problems of interpretation
• Relationship between Article XXIV:4 and other provisions in Article XXIV
• "Other regulations of commerce"
• "Substantially all the trade"
• Relationship between Article XXIV:8 and Article XIX
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REG: Article XXIV of GATT 1994 (3)REG: Article XXIV of GATT 1994 (3)
• The examination process
• Procedures
• Results of the examination
• Transparency requirements
• Biennial reports
• Tariff renegotiation under paragraph 6 of Article XXIV
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REG: Article V of the GATSREG: Article V of the GATS
• Conditions
• Some elements of flexibility
• Examination of Regional Economic Integration Agreements
• Article V bis: integration agreements covering labour markets
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REG: Enabling clauseREG: Enabling clause
• RTAs among developing countries
• Substantive requirements
• Other requirements and procedural aspects
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Module 8: FAQs (1)Module 8: FAQs (1)
• What is the WTO dispute settlement system?
• Who can initiate a WTO dispute settlement procedure?
• What kind of disputes can be brought to the WTO?
• How is a dispute resolved in the WTO?
• Who resolves disputes in the WTO?
• When are disputes considered to be resolved?
• Why are consultations the first step in WTO dispute settlement?
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Module 8: FAQs (2)Module 8: FAQs (2)
• Who can take part in the consultations?
• Can consultations last "forever"?
• What is meant by "quasi-automaticity" of the dispute settlement
process?
• How does a WTO Member obtain the establishment of a panel?
• How is a panel composed?
• What happens if more than one WTO Member requests a panel in
the same matter?
• Who takes part in panel and Appellate Body proceedings?
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Module 8: FAQs (3)Module 8: FAQs (3)
• Have outside experts or non-governmental entities a say in the panel
examination?
• Are there any time limits imposed on panels to issue their report?
• How does the panel proceed with its work?
• Who can appeal against a panel report?
• What is subject to appeal?
• How is the Appellate Body composed?
• What are the time limits for the appeal process?
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Module 8: FAQs (4)Module 8: FAQs (4)
• What is contained in a panel or Appellate Body report?
• How are panel or Appellate Body reports adopted?
• How are panel or Appellate Body reports enforced?
• What if the "losing" party refuses to withdraw the inconsistent measure?
• What does "cross-retaliation" mean?
• Do developing countries get special treatment when they get involved in a dispute?
• What is the role of the WTO and Appellate Body secretariats in the settlement of disputes?
• What ensures the neutrality of the persons involved in the dispute settlement process?