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Published byJemima Wilkins Modified over 9 years ago
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1994 WTO Understanding On the Rules and Procedures Governing the Settlement of Disputes
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World Trade Organisation Main tasks: -To advance the international trade. -To remove trade barriers. -To settle trade disputes. But the environment also needs to be taken in consideration.
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The Dispute Settlement Body (SBD) -An international jurisdiction, a legal value. -Rules and procedures defined by the Understanding on Rules and Procedures Governing the Settlement Disputes (1994). - ”the central element in providing security and predictability to the multilateral trading system” (art. 3.2 of the Understanding). - Distinctive feature: possibility to impose economic sanctions against a country. -More restrictive and efficient than the GATT system.
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The Rules and Procedures Governing the Settlement of Disputes (1) First stage: the consultation Discussion between the countries in dispute to settle their differences by themselves (60 days). Second stage: the panel -If consultations fail, the complaining country can ask for a panel to be appointed (30 days). -Delivery of the panel's rapport (180-270 days). - Adoption of the panel's final report (panel's report can only be rejected by consensus in the SDB) (60 days).
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The Rules and Procedures Governing the Settlement of Disputes (2) Third stage: the implementation of the conclusions -Possibility to appeal. Examination of the appeal by the Appellate Body (60 days). Acceptance or rejection of the appeals report (90 days). -Implementation of the recommendations (reasonable period of time). -If recommendations not followed: The complaining country can ask the SDB for permission to impose limited trade sanctions against the other side.
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The WTO and the Environment -WTO’s goal about sustainable development. -The adoption of measures to protect the environment. -Environmental disputes in the GATT. -The ’shrimp-turtle’ case.
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