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Preface
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ix |
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List of abbreviations
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x |
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I. Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU)
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1 |
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Article 1:Coverage and Application
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1 |
|
Article 2:Administration
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2 |
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Article 3:General Provisions
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3 |
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Article 4:Consultations
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5 |
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Article 5:Good Offices, Conciliation and Mediation
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8 |
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Article 6:Establishment of Panels
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8 |
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Article 7:Terms of Reference of Panels
|
9 |
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Article 8:Composition of Panels
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9 |
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Article 9:Procedures for Multiple Complainants
|
11 |
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Article 10:Third Parties
|
12 |
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Article 11:Function of Panels
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13 |
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Article 12:Panel Procedures
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13 |
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Article 13:Right to Seek Information
|
15 |
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Article 14:Confidentiality
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16 |
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Article 15:Interim Review Stage
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16 |
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Article 16:Adoption of Panel Reports
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16 |
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Article 17:Appellate Review
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17 |
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Article 18:Communications with the Panel or Appellate Body
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20 |
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Article 19:Panel and Appellate Body Recommendations
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20 |
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Article 20:Time-frame for DSB Decisions
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21 |
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Article 21:Surveillance of Implementation of Recommendations and Rulings
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21 |
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Article 22:Compensation and the Suspension of Concessions
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23 |
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Article 23:Strengthening of the Multilateral System
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27 |
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Article 24:Special Procedures Involving Least-Developed Country Members
|
28 |
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Article 25:Arbitration
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28 |
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Article 26:1. Non-Violation Complaints of the Type Described in Paragraph 1(b) of Article XXIII of GATT 1994
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29 |
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2. Complaints of the Type Described in Paragraph 1(c) of Article XXIII of GATT 1994
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30 |
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Article 27:Responsibilities of the Secretariat
|
31 |
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Appendices
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|
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1. Agreements Covered by the Understanding
|
32 |
|
2. Special or Additional Rules and Procedures Contained in the Covered Agreements
|
33 |
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3. Working Procedures
|
34 |
|
4. Expert Review Groups
|
36 |
|
II. Dispute Settlement Rules and Procedures in the Multilateral Trade Agreements
|
38 |
|
A. The GATT 1994 and Other Covered Agreements
|
38 |
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1. General interpretative note to Annex 1A
|
38 |
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2. The General Agreement on Tariffs and Trade 1994
|
38 |
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3. Multilateral Agreements on Trade in Goods
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40 |
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i. Agreement on Agriculture
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40 |
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ii. Agreement on the Application of Sanitary and Phytosanitary Measures
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40 |
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iii. Agreement on Technical Barriers to Trade
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40 |
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iv. Agreement on Trade-Related Investment Measures
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42 |
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v. Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994
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42 |
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vi. Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994
|
44 |
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vii. Agreement on Preshipment Inspection
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46 |
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viii. Agreement on Rules of Origin
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46 |
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ix. Agreement on Import Licensing Procedures
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46 |
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x. Agreement on Subsidies and Countervailing Measures
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47 |
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xi. Agreement on Safeguards
|
54 |
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B. General Agreement on Trade in Services (GATS)
|
55 |
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C. Agreement on Trade-Related Aspects of Intellectual Property Rights
|
57 |
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III. Dispute Settlement Decisions of the Contracting Parties to the GATT 1947 Referred to in the DSU
|
58 |
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A. Decision of 12 April 1989 on Improvements to the GATT Dispute Settlement Rules and Procedures (BISD 36S/61)
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58 |
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B. Decision of 5 April 1966 on procedures under Article XXIII (BISD 14S/18)
|
59 |
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IV. Dispute Settlement Rules and Procedures in the Plurilateral Trade Agreements
|
62 |
|
A. Provisions Regarding the Agreement on Government Procurement
|
62 |
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1. Agreement on Government Procurement
|
62 |
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2. Notification Under Appendix 1 of the Dispute Settlement Understanding
|
64 |
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B. Agreement On Trade In Civil Aircraft
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64 |
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V. Rules of Procedure for Meetings of the Dispute Settlement Body
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66 |
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A. Rules of Procedure for Meetings of the Dispute Settlement Body
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66 |
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B. Rules of Procedure for Sessions of the Ministerial Conference and Meetings of the General Council
|
67 |
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VI. Rules of Conduct for the Understanding on the Rules and Procedures Governing the Settlement of Disputes
|
77 |
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VII. Rules and Procedures Relating to Appellate Review
|
87 |
|
A. Working Procedures for Appellate Review
|
87 |
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Annex I: Timetable for Appeals
|
104 |
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Annex II: Rules of Conduct for the Understanding on Rules and Procedures Governing the Settlement of Disputes
|
105 |
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Annex III:Table of Consolidated and Revised Versions of the Working Procedures for Appellate Review
|
105 |
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B. Additional Procedures for Consultations between the Chairperson of the DSB and WTO Members in relation to Amendments to the Working Procedures for Appellate Review
|
106 |
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C. Establishment of the Appellate Body
|
106 |
|
VIII. DSU Practices
|
112 |
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A. Working practices concerning dispute settlement procedures
|
112 |
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“Date of circulation” in the DSU and its additional and special rules
|
112 |
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Communications under the DSU
|
112 |
|
Time-periods under the DSU and other covered agreements
|
113 |
|
Notifications of requests for consultations
|
114 |
|
B. Article 4.11 of the DSU – Replies to requests to be joined in consultations
|
114 |
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C. Statement by the Chair of the GATT Council concerning time-periods for third-party notifications
|
114 |
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IX. Other Decisions
|
115 |
|
A. Declaration on Dispute Settlement Pursuant to the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 or Part V of the Agreement on Subsidies and Countervailing Measures
|
115 |
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B. Procedures for the Circulation and Derestriction of WTO Documents
|
115 |
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C. Procedures for Arbitration under Article 8.5 of the Agreement on Subsidies and Countervailing Measures
|
121 |
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D. Decision on Certain Dispute Settlement Procedures for the General Agreement on Trade in Services
|
129 |
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Index
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131 |
