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Transparency and the rule of law

Transparency and the rule of law. Trade Policy Review Dispute Settlement Mechanism Accession Regional Trade Agreements. TPR: Introduction and objectives. Introduction Objective Trade policy reviews Scope of reviews TPRM and dispute settlement. TPR: The TPRM in practice.

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Transparency and the rule of law

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  1. Transparency and the rule of law • Trade Policy Review • Dispute Settlement Mechanism • Accession • Regional Trade Agreements

  2. TPR: Introduction and objectives • Introduction • Objective • Trade policy reviews • Scope of reviews • TPRM and dispute settlement

  3. TPR: The TPRM in practice • The special features of the TPRM • Benefits for the multilateral trading system • Benefits for the Member under review • Other benefits

  4. TPR: Frequency of reviews • The review cycles • Members' review cycles • Guidelines for succeeding reviews • Variations in review cycles

  5. TPR: Basis for review • The Secretariat report • Structure of the Secretariat reports • Government's participation in the Secretariat report • The Government's policy statement

  6. TPR: The TPRM review process • Introduction • Collection of information • Visit to the capital • Preparation of documents

  7. TPR: Review meetings - preliminaries • The Trade Policy Review Body • Discussants and observers • Documentation and question in advance

  8. TPR: The TPRB meeting • The Member's initial statement • Statements by the discussants • Other statements and outline of main themes • Replies by the Member • Discussions and conclusion

  9. TPR: Follow-up and publications • Press conference • Minutes • Supplementary information • Publications

  10. TPR: The TPRM and developing countries • The importance of the TPRM for developing countries • Coverage of developing countries • Helping participation in the TPRM • Special provisions in the TPRM for the developing countries

  11. TPR: The review programme • The 1998 review programme • Reviews conducted between 1989 and 1997 • Reviews by region

  12. DS: Purpose • A central role in the security and predictability of WTO multilateral trading system • A system favouring mutually agreed solutions • A rule-oriented system • A system intended to secure withdrawal of inconsistent measures • Efficiency and dependability of dispute resolution • A key to the effective functioning of the WTO • Detailed procedures • Quasi-judicial nature of procedures

  13. DS: Principles • Multilateralism v. unilateralism • Exclusive application of WTO rules on dispute settlement to disputes related to the WTO • Uniform application to all WTO Agreements

  14. DS: Functions • Preserving the rights and obligations of WTO Members • The central concept of nullification or impairment • In the Agreements on trade in goods • In the GATS • In the TRIPS Agreement

  15. DS: A two-tier mechanism • Resolution by the parties themselves or resolution by a third party • Resolution through mutually agreed solution • Consultations • Objectives of consultations • Functions of consultations • Good offices, conciliation and mediation • Adjudication

  16. DS: Coverage • The principle: the DSU is applicable to all WTO agreements • The exception: particular situation or the Plurilateral Trade Agreements

  17. DS: Introduction • Entities involved in the dispute settlement process • The Dispute Settlement Body • The adjudicating entities: panels and the Appellate Body • The parties: the WTO Members • Administrative and legal support: the WTO Secretariat

  18. DS: The Dispute Settlement Body • The entity overseeing the functioning of the dispute settlement mechanism • Decision-making process in the DSB: quasi-automaticity • Participation in decision-making by the DSB • Special role of the Chairman of the DSB

  19. DS: Panels • Task of panels: review the facts and arguments submitted by the parties to a particular dispute • Composition of panels: who can be called to serve on a panel? • Panelist selection process • Appointment of panelists

  20. DS: Appellate Body • Task of the Appellate Body: review on appeal the issues of law addressed by panels • Composition of the Appellate Body • Operation of the Appellate Body • The Appellate Body Secretariat

  21. DS: Arbitration • Arbitration as an alternative to dispute resolution through panel and Appellate Body procedure • Arbitration in the implementation of reports

  22. DS: Interested parties • Who can participate? • Complaint by more that one Member • Who can take part in consultations? • Third parties to the proceedings before the panel and the Appellate Body

  23. DS: Experts • Panels' general right to seek information • Consultation of experts • Expert review groups • Circumstances and nature of consultations or expert review groups • Composition of expert review groups

  24. DS: The Secretariat • Role of the Director-General • Good offices, conciliation or mediation • Good offices, conciliation or mediation in situations involving a least-developed country Member • Appointment of panel members • Appointment of arbitrators • Responsibilities of the Secretariat Staff • Administrative support to the DSB • Assistance to developing country Members • Panel secretariat

  25. DS: Rules of conduct • Purpose of rules of conduct in dispute resolution • "Players" concerned • Obligations under the WTO Rules of Conduct

  26. DS: Consultation phase • A recognized means of dispute resolution • Obligations of the Members in relation to the conduct of consultations • Specific conditions in case of urgency • Conditions applicable to requests by third parties to join consultations

  27. DS: Panels • Request for the establishment of a panel • Establishment of a panel • Constitution of a panel • Terms of reference • General requirements regarding the composition • Absence of agreement of the parties regarding the composition • Constitution of a panel in case of multiple complaints

  28. DS: Panel process • Organization of the panel procedure • Structure of the panel review • First exchange of submissions by the parties • Subsequent meetings of the panel and submissions by the parties • Issuance of the descriptive part of the panel report and interim review phase • Issuance of the interim report of the panel • Issuance of the final report of the panel

  29. DS: Panels - Time periods • Periods within which panels must complete their work • Timetable for panel work • Specific timetables under the SCM Agreement • Disputes regarding prohibited subsidies • Disputes regarding actionable subsidies • Timetables in case of multiple complainants

  30. DS: Appeals Process • Who can appeal? • What can be subject to appeals? • Duration of appeals process

  31. DS: Deliberation and decision-making • In panels • In the Appellate Body

  32. DS: Content of the reports • Panel report • Appellate Body report • Conclusions and Remedies

  33. DS: Adoption • Adoption of panel reports • Adoption of Appellate Body Reports

  34. DS: Voluntary implementation • Absence of a "Trade policeman" • Surveillance and implementation of reports • Implementation within a "reasonable period of time" • Disagreement as to the actual implementation of the report

  35. DS: Non-compliance • Incentive for the "losing" Member to implement panel or appellate body recommendations • Compensation • Suspension of concessions • Conditions for suspension of concessions or other obligations (retaliation) • Compensation and retaliation: Temporariness of measures • Control of the level of suspension of concessions

  36. DS: Surveillance • Surveillance by the Members and the DSB • Form of control

  37. DS: S&D - Procedures • Recognition of the special condition of developing and least-developed country Members • Accelerated procedure at the request of a developing country Member • Special consideration of least-developed country Members involved in a case • Good offices, conciliation or mediation by the Chairman of the DSB or the Director-General of the WTO • Assistance from the Secretariat

  38. DS: S&D - Consultation • Special attention to the particular problems and interests of LDCs • Extension of the regular period of consultation

  39. DS: S&D - Adjudication • Consideration of special rights of developing country Members in the selection of panelists • Allocation of sufficient time to developing country Members to prepare their argumentation • Transparency

  40. DS: S&D - Implementation • Requirement to assess actions to be taken • Economic aspects to be taken into account in the assessment

  41. ACC: How to accede • Article XII • State or separate customs territory • Terms to be agreed/negotiated

  42. ACC: The procedure • Commencement of the accessions process • Working party and the fact-finding process • Bilateral negotiations • Report, Protocol of Accession and Entry into Force

  43. REG: RTAs and the WTO - General • Significance of RTAs in the WTO Context • RTAs in the GATT • RTAs in the WTO • Rules • The Committee on Regional Trade Agreements (CRTA)

  44. REG: Article XXIV of GATT 1994 (1) • Coverage and basic thrust • The rules • Basic principle: paragraph 4 • Definition of customs unions and free-trade areas: paragraph 8 • Conditions: paragraph 5

  45. REG: Article XXIV of GATT 1994 (2) • Problems of interpretation • Relationship between Article XXIV:4 and other provisions in Article XXIV • "Other regulations of commerce" • "Substantially all the trade" • Relationship between Article XXIV:8 and Article XIX

  46. REG: Article XXIV of GATT 1994 (3) • The examination process • Procedures • Results of the examination • Transparency requirements • Biennial reports • Tariff renegotiation under paragraph 6 of Article XXIV

  47. REG: Article V of the GATS • Conditions • Some elements of flexibility • Examination of Regional Economic Integration Agreements • Article V bis: integration agreements covering labour markets

  48. REG: Enabling clause • RTAs among developing countries • Substantive requirements • Other requirements and procedural aspects

  49. Module 8: FAQs (1) • What is the WTO dispute settlement system? • Who can initiate a WTO dispute settlement procedure? • What kind of disputes can be brought to the WTO? • How is a dispute resolved in the WTO? • Who resolves disputes in the WTO? • When are disputes considered to be resolved? • Why are consultations the first step in WTO dispute settlement?

  50. Module 8: FAQs (2) • Who can take part in the consultations? • Can consultations last "forever"? • What is meant by "quasi-automaticity" of the dispute settlement process? • How does a WTO Member obtain the establishment of a panel? • How is a panel composed? • What happens if more than one WTO Member requests a panel in the same matter? • Who takes part in panel and Appellate Body proceedings?

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