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Trade Policy Review Mechanism Collective appreciation and evaluation of individual trade policies of Member States. It cannot be used for the enforcement of specific obligations.
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TPRM (II) Objectives: a)improve adherence to rules and commitments under the Multilateral Trade Agreements; b)increase transparency and understanding of Members’s trade policies in the context of the multilateral trading system (domestic transparency).
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TPRM (III) Periodic review of all the Members, depending on their share of world trade (EC, US, Japan, China every two years; the next 16 every four years; the others every six years; longer period for least- developed countries). Publication of the reports and of the other documents adopted by the TPRB.
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TPRM (IV) Trade Policy Review Body: it examines a) a full report supplied by the Member under review and b) a report drawn up by the WTO Secretariat; it takes also into account other economic or environmental needs and policies of the Member reviewed.
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TPRM (V) TPRB has no power of enforcement of the WTO Agreements against breaches by the Members or inconsistencies in their trade policies. The TPR is a form of political pressure that serve as a basis for persuading – and not forcing – Members to comply with their commitments under WTO Agreements.
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Dispute settlement GATT 1947 provided for a dispute settlement system based on consultations and negotiations between Members. The Contracting Parties developed a sophisticated system of dispute settlement through adjudication. The DSU is inspired to the dispute settlement system under GATT 1947 but it tries to remedy the most important shortcomings.
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Dispute settlement principles 1) prompt settlement of the disputes concerning the WTO Agreements DSU ensures the enforcement of the rights and obligations of Members; enhances the predictability of the trade policies; contributes to clarification of WTO law.
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Dispute settlement principles (II) 2) settlement of disputes through multilateral procedures: evolution of international law, under which every State can make a unilateral determination that a violation has occurred and may have recourse to retaliation measures (US under GATT 1947 made wide use of retaliation measures). Under the DSU the DSB determines whether a violation has occurred and the Members can obtain redress under multilateral procedures;
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Dispute settlement principles (III) 3) extensive use of consultations between Members concerned before the dispute can be submitted for adjudication, the parties are obliged to entertain consultations; 4) settlement of disputes in good faith;
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Dispute settlement principles (IV) 5) clarification of WTO law caution against judicial activism; authoritative interpretation by the Ministerial Conference or the General Council; the DSB, the Panels and the Appellate Body can only interpret the law and not add or diminish the rights and obligations of Members.
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DSU Scope of application: Multilateral Trade Agreements (except Trade Review Policy Mechanism) + Plurilateral Trade Agreements (only with regard to States that are Members of those Agreements). Establishment of the Dispute Settlement Body it administers rules and procedures under DSU and is composed by the Members of the General Council but has a different Chairperson.
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DSU - Objectives 1) to achieve a satisfactory settlement of the matter in accordance with the rights and obligations under this Understanding and under the covered agreements: rule of law vs. solutions mutually acceptable for the parties;
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DSU – Objectives (II) to provide security and predictability to multilateral trading system and to guarantee its effective functioning; to preserve the balance between rights and obligations of Members under the covered agreements;
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DSU – Objectives (III) to clarify the existing provisions of WTO law in accordance with customary rules of interpretation of public international law (see articles 31-33 of the Vienna Convention on the Law of Treaties) preference for the use of the ordinary interpretative criteria as a tool against fragmentation of international law. The interpretation of WTO law under the DSU is relevant only inter partes: the General Council can adopt authoritative interpretation of WTO law with effect erga omnes (see art. 3, para. 9, DSU).
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