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Topic: WTO Dispute Settlement Body

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	WTO \| Dispute settlement - Appellate Body
		The Appellate Body was established in 1995 under Article 17 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU).
		It is a standing body of seven persons that hears appeals from reports issued by panels in disputes brought by WTO Members.
		The Appellate Body is composed of seven Members who are appointed by the DSB to serve for four-year terms, with the possibility of being reappointed once.
	www.wto.org /english/tratop_e/dispu_e/appellate_body_e.htm (465 words)

	WTO \| Understanding the WTO - organization chart
		WTO structure: all WTO members may participate in all councils, committees, etc, except Appellate Body, Dispute Settlement panels, and plurilateral committees.
		The General Council also meets as the Trade Policy Review Body and Dispute Settlement Body.
		Each year new chairpersons for the major WTO bodies are approved by the General Council.
	www.wto.org /english/thewto_e/whatis_e/tif_e/org2_e.htm (195 words)

	CIEL Attends First Open Dispute Proceedings At The World Trade Organization
		The three disputing parties in the two cases, US - Continued Suspension of Obligations in the EC - Hormones Dispute and Canada - Continued Suspension of Obligations in the EC - Hormones Dispute, had filed a joint request for open hearings, which the members of the dispute settlement panel granted.
		The request was granted and in 1999 the Dispute Settlement Body (DSB) authorized the United States to suspend concessions to the EC in the amount of $116.8 million.
		In the future, it might be useful for the WTO to advise all applicants (electronically, by fax or by mail, whichever seems most likely to reach the applicant expeditiously) of whether their applications had been received and whether they would be admitted.
	www.ciel.org /Tae/WTO_OpenDispute_20Sep05.html (1038 words)

	World Trade Organization Dispute Settlement System - WTO - Trade Resource Center - Business Roundtable
		Dispute settlement procedures provide a forum for disagreeing WTO members to consult and try to resolve their trade disputes amicably.
		If this is not possible, a member that is party to the dispute may request formation of a WTO dispute settlement panel, which consists of inde-pendent and impartial experts who hear legal arguments and evidence from the disagreeing parties before issuing findings.
		WTO dispute settlement procedures help ensure that all countries receive the benefits of the trade rules to which they voluntarily agreed.
	trade.businessroundtable.org /trade_2006/wto/settlement.html (523 words)

	World Trade Organization Toolkit - ADB.org
		Dispute settlement is a central piece of the WTO system.
		Rules for the settlement of disputes under the WTO are contained in the Dispute Settlement Understanding ('DSU').
		According to Article XXIII GATT, recourse to the dispute settlement system may be made in case a country considers that "a benefit accruing to it directly or indirectly is being nullified or impaired".
	www.adb.org /Documents/Others/OGC-Toolkits/WTO/wto1000.asp (611 words)

	WTO Dispute Settlement Body - Wikipedia, the free encyclopedia
		The DSB is, in effect, a session of the General Council of the WTO: that is, all of the representatives of the WTO member governments, usually at ambassadorial level, meeting together.
		It decides the outcome of a trade dispute on the recommendation of a Dispute Panel and (possibly) on a report from the Appellate Body of WTO, which may have amended the Panel recommendation.
		The process requires that the recommendations of the Panel (as amended by the Appellate Body) should be adopted "unless" there is a consensus of the members against adoption.
	en.wikipedia.org /wiki/WTO_Dispute_Settlement_Body (405 words)

	WORLD TRADE ORGANIZATION (WTO) DISPUTE SETTLEMENT
		The Structure of the WTO is dominated by its highest authority, the Ministerial Conference, composed of representatives of all WTO members, which is required to meet at least every two years and which can take decision on all matters under any of the multilateral trade agreements.
		Settling disputes is the responsibility of the Dispute Settlement Body (DSB) (the DSB is the WTO General Council acting in a dispute settlement role).
		The dispute settlement agreement states that "prompt compliance with recommendations or rulings of the DSB is essential in order to ensure effective resolution of disputes to the benefit of all Members".
	www.itds.treas.gov /WTO_dispute.htm (2044 words)

	Major Problems with WTO Dispute Settlement
		The second, potentially even more serious problem, is that dispute settlement panels are acting outside their authority and are in effect re-writing the WTO agreements contrary to international law as well as the intent of the parties to the WTO.
		WTO tribunals have also rewritten the negotiated standards for safeguard measures -- sharply increasing the analysis required to show a causal link between injury and increased imports, and imposing new constraints on the design of safeguard measures (i.e., relief must be tailored to offset only that portion of the injury demonstrably attributable to increased imports).
		Article 11 of the Dispute Settlement Understanding (DSU) should be amended by adding a new provision applicable to disputes arising under the Antidumping Agreement, the Safeguards Agreement, or Part V of the Subsidies Agreement, and involving relief imposed after investigation by an administering authority.
	www.dbtrade.com /publications/major_problems_with_wto.htm (3757 words)

	Ministry of Foreign Affairs and Trade: Legal Division - WTO Dispute Settlement (Site not responding. Last check: )
		Settlement negotiations were eventually successful, and in November 1999, New Zealand notified the WTO that a mutually agreed solution to the dispute had been reached.
		The Appellate Body's decision was adopted by the Dispute Settlement Body on 17 January 2003.
		On 10 December the WTO Dispute Settlement Body adopted the report of the Appellate Body and the report of the Panel as upheld by the Appellate Body.
	www.mfat.govt.nz /support/legal/disputes/wtodispute.html (5375 words)

	wto420 (Site not responding. Last check: )
		The WTO Dispute Settlement Body (DSB) formally authorized the United States to implement the tough sanctions because of injury to U.S. economic interests caused by the EU banana regime -- which became effective January 1, 1999, the USTR said.
		Washington, D.C. Today the WTO Dispute Settlement Body (DSB) formally authorized the United States to suspend concessions covering trade in an amount of $191.4 million because of the injury to U.S. economic interests caused by the European Union's (EU) failure to implement a WTO-consistent banana regime.
		On April 6, 1999, the WTO Arbitrators concluded that the United States is being harmed by the EC's current banana regime (put into effect in January 1999) in the amount of $191.4 million annually and could accordingly suspend EC trade concessions equivalent to that amount.
	www.useu.be /ISSUES/wto420.html (737 words)

	Bambooweb: WTO Dispute Settlement Body
		The Dispute Settlement Body (DSB) of the World Trade Organization (WTO) makes decisions on trade disputes between governments that are adjudicated by the Organization.
		The DSB is, in effect, a session of the General Council of the WTO: that is, all of the representatives of the WTO member governments, usually at ambassadorial level, meeting together.
		It decides the outcome of a trade dispute on the recommendation of a Dispute Panel and (possibly) on a report from the Appellate Body of WTO, which may have amended the Panel recommendation.
	www.bambooweb.com /articles/w/t/WTO_Dispute_Settlement_Body.html (386 words)

	SICE - WTO Dispute Settlement WTO Report WT/DS46/R
		Finally, the Panel recalls that all WTO Members are obliged under Article 25.9 of the SCM Agreement to provide information regarding the nature and extent of any subsidy "in a comprehensive manner" and with "sufficient details to enable the other Member to assess their compliance with the terms" of the SCM Agreement.
		"Panel" means the WTO panel established pursuant to DSU Article 6 by the 23 July 1998 decision of the WTO Dispute Settlement Body to examine the dispute.
		Any copies of Business Confidential information removed from the premises of the WTO by a Panel member shall be used exclusively by that Panel member for the purpose of working on the dispute, and shall be returned to the Secretariat upon conclusion of the Panel.
	www.sice.oas.org /dispute/wto/46r13.asp (2005 words)

	U.S. Proposes Flexibility Reforms in WTO Dispute Settlement
		Under the present dispute settlement system, parties are encouraged to resolve their disputes, but do not always have all the tools with which to do so.
		The WTO dispute settlement system differs significantly from that of domestic judicial systems due to the fact that WTO dispute settlement is between sovereign nations.
		The meeting of WTO trade ministers in Doha, Qatar in November 2001 called for negotiations to clarify and improve the WTO Understanding on Rules and Procedures Governing the Settlement of Disputes.
	www.state.gov /e/eb/rls/othr/16040.htm (889 words)

	WTO Dispute Settlement
		Settlement of disputes is the responsibility of the Dispute Settlement Body (composed of all Members of the WTO).
		In the absence of a mutually agreed solution, the first objective of the dispute settlement mechanism is usually to secure the withdrawal of the measures concerned if these are found to be inconsistent with the provisions of any of the covered agreements.
		The role of the WTO Secretariat during the dispute settlement process is to assist panels.
	www.commercialdiplomacy.org /manuals/wto_dispute.htm (5572 words)

	International Dairy Foods Association - IDFA - News Center (Site not responding. Last check: )
		The United States claims that this system is serving as an export subsidy that should be subject to the disciplines and limits of the WTO Agreement on Agriculture.
		We believe the WTO rules on agricultural export subsidy reductions are clear, and that the Canadian special milk class is an illegal attempt to exceed these limits.
		Today's action by the WTO Dispute Settlement Body was in response to the U.S. government's request for a panel put forth through the U.S. Trade Representative.
	www.idfa.org /news/releases/1998/wto.cfm (383 words)

	WTO DISPUTE SETTLEMENT
		BARONCINI, E. : The WTO Dispute Settlement Understanding as a promoter of transparent, rule-oriented, mutually agreed solutions : a study on the value of DSU consultations and their positive conclusion.
		CONE, S.M., III : The asbestos case and dispute settlement in the World Trade Organization : the uneasy relationship between Panels and the Appellate Body.
		J.H. : WTO dispute panel deference to national government decisions : the misplaced analogy to the U.S. Chevron standard-of-review doctrine.
	www.ppl.nl /hugo/WTObibliographywtodispa-d.htm (1939 words)

	WTO APPELLATE BODY CONDEMNS THE "BYRD AMENDMENT" - THE US MUST NOW REPEAL IT
		The WTO Appellate Body has just confirmed that the US "Byrd amendment," which directs the US government to distribute the collected anti-dumping and anti-subsidy duties to the US companies that brought the cases in the first place, is incompatible with WTO rules.
		Following an appeal by the on October 18, 2002, the Appellate Body has today issued its report confirming the Panel's central finding that the Byrd amendment is WTO inconsistent because it is an illegal response to dumping or subsidisation.
		Given the clear WTO inconsistency of the law itself and the very broad interests affected, the should repeal the Byrd amendment without delay.
	www.eurunion.org /news/press/2003/2003003.htm (430 words)

	Exporter's Guides (Site not responding. Last check: )
		When disputes cannot be resolved, the Understanding authorizes the use of trade sanctions against the member country that has been found in violation of a WTO agreement.
		As a last resort, the Dispute Settlement Understanding authorizes the complaining countries to use trade-related sanctions against WTO member countries that have been found to be in violation of a WTO agreement.
		A party that loses a case in the WTO is supposed to follow the recommendations of the panel report (or the appellate report if the case has been appealed), and it must also state whether it intends to follow the panel’s recommendations at a meeting of the DSB.
	www.mac.doc.gov /Tcc/e-guides/eg_wtose.html (1024 words)

	Steel Retaliation Will Knock US Ag Exports Out of Balance
		The WTO Appellate Body ruling is expected in early November.
		On June 20, 2002 the European Union (EU) notified the WTO Council for Trade in Goods of its intent to impose additional tariffs on U.S. goods five (5) days after any negative WTO Appellate Body decision in the steel case is adopted by the WTO Dispute Settlement Body (DSB).
		WTO Panels have been very critical of previous attempts by countries to impose import restrictions.
	www.agriculturelaw.com /steel.htm (799 words)

	WTO DISPUTE SETTLEMENT
		SAIKI, N. WTO Rules and Procedures for the Settlement of Disputes : their formation : a practitioner’s view.
		STEGER, D.P. The Appellate Body and its contribution to WTO dispute settlement.
		S.N. : WTO dispute settlement : emerging practice and procedure in decisions of the Appellate Body.
	www.ppl.nl /hugo/WTObibliographywtodisps-z.htm (1629 words)

	USTR - United States Proposes Greater Openness for WTO Disputes
		WTO rules currently allow such submissions, but do not provide guidelines on how they are to be considered.
		In 2000, the United States was the first WTO member to post its dispute settlement briefs on its website immediately upon submission.
		The meeting of WTO trade ministers in Doha, Qatar in November 2001 called for negotiations to clarify and improve the WTO Understanding on Rules and Procedures Governing the Settlement of Disputes.
	www.ustr.gov /Document_Library/Press_Releases/2002/August/United_States_Proposes_Greater_Openness_for_WTO_Disputes.html (545 words)

	WTO appeal body reverses lumber ruling - Boston.com
		A WTO dispute panel on April 3 rejected a challenge brought by Canada against a U.S. method known as "zeroing" for calculating anti-dumping duties on billions of dollars worth of softwood lumber imports.
		Either side has 30 days to ask the Dispute Settlement Body to adopt the ruling, which then becomes final unless there is a consensus against it.
		The Appellate Body found that the margins of dumping set up under the transaction-to-transaction methodology contravened the 1995 WTO Anti-Dumping Pact as they distorted the prices of certain export transactions and artificially inflated the magnitude of dumping.
	www.boston.com /news/nation/washington/articles/2006/08/15/wto_appeal_body_reverses_lumber_ruling (719 words)

	July 24, 2001: WTO Dispute Settlement Body, U.S. Statements
		We are pleased to announce that, in accordance with the bilateral understanding we reached with the EC, on July 1, the United States suspended the retaliatory duties on EC imports resulting from the WTO banana dispute.
		As members are aware, as stated in Article 3.7 of the DSU, the aim of the dispute settlement process is to secure a positive and mutually acceptable solution.
		In view of the fact that all parties to this dispute are seeking a satisfactory resolution that will be facilitated by this extension of time, we request that the DSB approve the proposed extension at this time.
	www3.itu.int /MISSIONS/US/press2001/0724dsb.htm (1148 words)

	WTO--Dispute Settlement Body (Site not responding. Last check: )
		In challenging the Helms-Burton law at the WTO, they are forcing the WTO dispute panel to rule on a matter that clearly falls beyond the scope of the organization.
		In fact, the most efficient use of dispute settlement is when the threat of a panel or the mere filing of a complaint leads to early settlement.
		A WTO dispute settlement panel in the appellate body ruled that the hormone ban is in violation of the WTO agreement.
	commdocs.house.gov /committees/intlrel/hfa51833.000/hfa51833_0.htm (10775 words)

	WTO Law, Science, Regulation
		How does its Dispute Settlement Body judge whether trade-restrictive measures of an importing country are based on scientific evidence which is adequate to justify them according to the relevant agreements of the trade regime?
		The Panels of the WTO' Dispute Settlement Body which are set up for each individual dispute have wide-ranging powers to search for scientific evidence, information and expertise, and subsequently to use this information as the panel members consider appropriate.
		In the US in particular, the lack of sufficient research carried out by public scientific institutions early in the registration process, and of transparent communications both between the relevant agencies and with the other key stakeholders, hamper the strategic planning and policy coordination that are necessary to gain the public's confidence.
	www.ecolomics-international.org /biosat_wto_law_and_science.htm (443 words)

	EUROPEAN UNION WELCOMES WORLD TRADE ORGANIZATION (WTO) RULING CONFIRMING UNITED STATES STEEL TARIFFS ARE ILLEGAL
		WTO members affected by the US measures are entitled to apply re-balancing measures upon the adoption of the Appellate Body report by the WTO Dispute Settlement Body, unless the safeguard measures are withdrawn.
		The Appellate Body report shall now be adopted by the WTO Dispute Settlement Body within 30 days.
		Article 17.14 of the WTO Dispute Settlement Understanding (DSU) provides that AB reports shall be adopted by the Dispute Settlement Body (DSB) within 30 days of their circulation.
	www.eurunion.org /news/press/2003/2003069.htm (1635 words)

	Trade Body Threatens Democracy
		Taking advantage of WTO rules, corporations in various countries have gone after a cornucopia provisions; from measures to eliminate the use of leg-hold animal traps to laws protecting dolphins from unsafe tuna-catching practices.
		Establishment of the WTO was controversial all over the world as it placed the importance of international commerce and industry interests before all other values, including consumer safeguards, environmental and labor protections, food safety, and human rights.
		The WTO ruled that the U.S. regulation on the cleanliness of reformulated gasoline had to be changed because WTO rules forbid different treatment for foreign producers.
	www.iahf.com /usa/20001212b.html (1453 words)

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