关于争端解决规则与程序的谅解.

DSU
Introdu Methods -ction
Institu -tions
Proceed -ings
Case study
Challenges & Reform
I. Introduction
coverage innovations principles
Agreemen ts & Exceptions
• An exception: • Where there is a difference between the rules and procedures of DSU and the special or additional rules and procedures set forth in the agreements above, the special or additional rules and procedures shall prevail.
II. Dispute Settlement Methods
Dispute resolution methods compared
• ---- through consultations (Article 4 of the DSU); • ----through good offices, conciliation and mediation (Article 5 of the DSU); • ----through adjudication by ad hoc panels and the Appellate Body (Articles 6 to 20 of the DSU) • ---- through arbitration (Article 25 of the DSU).
Dispute Settlement System (1) ---Methods and Institutions
By Li Xuefeng
Chapter Four
Translation
• • • • • • MFN National treatment TPRB Custom formalities Transparency Quantity restriction
上诉机构审议 听不懂哦！ 看23页 PPT！！
半自动化： by reverse consensus
3. inciples (P30)
• Equitable---all WTO Members • Fast---clearly defined stages within the strict timeframe • Effective---prompt settlement with negative consensus • Mutually acceptable---consultations and mediation
• The DSU is attached to Annex 2 of the WTO agreement. • The WTO dispute settlement system is a government-to-government dispute settlement system for disputes concerning rights and obligations of WTO Members.
2. The significant innovations
• --- (1) the quasi-automatic adoption of requests for the establishment of a panel, of dispute settlement reports and of requests for the authorization to suspend concessions; • --- (2) the strict timeframes for various stages the dispute settlement process; and See of P31 • ---(3) the possibility of appellate review of panel reports.
1. Coverage
• Be applicable to all WTO agreements, that is, Multilateral Agreements on Trade in Goods, GATS, TRIPS, DSU, TPRM and Plurilateral Trade Agreements.
• 如果DSU规则和程序与有关协定所包括的争端解决 SPS agreement, Customs Valuation, GATS, GATS Annex 的特别或附加规则和程序之间有矛盾，有关协定的 on Financial Services and on Air 特别或附加规则与程序将优先适用。 Transparent Services, and so on.
Three significant innovation s
Four principles
350 300 250 200 150 100 50 0 提起争端解决 通过解决报告 授权贸易报复
• Over 300 disputes since the creation of the WTO dispute settlement in January 1995
Individuals, companies, international organizations or The DSU non-governmental organizations, have no access to the • Understanding on Rules and Procedures WTO dispute settlement system. Governing the Settlement of panels Dispute However, under Appellate Body case law, and the Appellate (DSU)Body have the right to accept and consider written briefs submitted by individuals, companies or • 《关于争端解决规则与程序的谅解》 organizations.