国际经济法精品教学（华南师范大学）Dispute Settlement.pptVIP

 Dispute Settlement in the WTO: Main Features compulsory jurisdiction detailed procedures and deadlines “complainant-driven” “quasi-judicial” “automaticity”  Dispute Settlement in the WTO: Main characters Parties to the dispute: WTO Members only Dispute Settlement Body (all the Members) Panel ( 3 or 5 panelists) Appellate Body (7 persons) Consultations Panel Appeal Implementation Adoption Good Offices, Conciliation, Mediation, Arbitration Dispute Settlement in the WTO: Consultations Who? One or more Members (complainants) against another Member (respondent) Possibility for third party Members to join Confidential process Minimum time limits for complainant Dispute Settlement in the WTO: Panels Establishment of a panel: Automatic Composition “well-qualified government and/or non-governmental individuals” 6 months or 9 months to issuance of final report Process confidential, report public Dispute Settlement in the WTO:Panel Procedures: deadlines Establishment of a panel Composition of a panel Final Report circulated max. 6 months max. 9 months Dispute Settlement in the WTO:Adoption of Panel ReportsArt. 16 DSU Panel reports not considered for adoption until 20 days after circulation Adoption within 60 days of circulation, unless negative consensus…. … Except if appealed Dispute Settlement in the WTO: Appellate Review WTO dispute settlement system innovation Rules applicable to Appellate Review Dispute Settlement Understanding(Article 17; Article 16.4; Articles 1, 3, 18 and 19) Working Procedures for Appellate Review Rules of Conduct Dispute Settlement in the WTO: Article 17 DSU WHAT? appeals limited to “issues of law and legal interpretations” developed by the panel, including “cross-appeals” WHO? appeal only open to parties to the dispute WHEN? Appeal must be commenced no later than 60 days after the Panel Report is circulated to Members; takes 60-90 days Adoption by the DSB of the Panel Report, as upheld, modified or reversed, by the