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8 Cards in this Set
- Front
- Back
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Name some of the background behind GATT dispute settlement system.
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“sympatheticconsiderations’ and special mechanism to correct ‘nullification orimpairment’
- principle mechanism to solve problem was diplomaticconsultations- then,‘working panels’ to investigate and resolve problems- Then, ‘ifthe circumstances are serious enough’, the contracting party/parties maysuspend the application of concessions or obligations under the GATT |
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Name some of the shortcoming of GATT settlement system
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Shortcomings:
- Delays inthe formation of panels and the panel process - Blockingof the adoption of panel reports in the GATT Council - Delay inthe implementation of Council Recommendations - Proceduresconfusing and largely uncoordinated |
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What is the difference in WTO's dispute settlement system?
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Governed by the Understanding on Rules andProcedures for the Settlement of Disputes, referred to as the DisputeSettlement Understanding (DSU)
Objective and purpose: Prompt settlement of disputes between WTO members through themultilateral procedures concerning their respective rights andobligations under the WTO law |
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What is the nature of WTO Dispute Settlement deicions?
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WTOhas jurisdiction to decide over any disputes between WTO members under the ‘coveredagreements’
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Explain the limitations of WTO DSS
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Limited to Members of the WTO
A country can take part to a dispute even if nodirect interest (USA Bananas case) An amicus curiae (also amicus curiæ; plural amici curiae, literally "friend of the court") is someonewho is not a party to a case, who offers informationthat bears on the case but who has not been solicited by any of the parties toassist a court. (Shrimp Turtle case, Asbestos) Indirect access for private parties |
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Explain the implementation of decision WTO takes
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WTO = give recommendations but can’t oblige => country responsibilityto do the implementation regarding what they have signed.
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What are the remedies for breach of WTO law?
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Compensation (voluntary)
Retaliation(or suspension of trade concessions) |
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How should WTO DSS reform?
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Doha Development Round talks (no agreement so far)
Issues for reform: Dealing with conflicting timetable issues; Transparencyof proceedings; Improvingaccess to the dispute settlement system for developing countries and LDCs; Should panellists be permanent?; Enhancing the use of compensation as a temp orarymeasuure ; What to do about amicuscuriae briefs?; Should panel and ABfindings no longer be anonymous? |
