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Dispute settlement or dispute settlement system (DSS) is regarded by the World Trade Organization (WTO) as the central pillar of the multilateral trading system, and as the organization's "unique contribution to the stability of the global economy". [1]
In 1996, the United States and Canada challenged before the WTO Dispute Settlement Body (DSB) a number of EU directives prohibiting the importation and sale of meat and meat products treated with certain growth hormones. The complainants alleged that the EU directives violated, among other things, several provisions of the SPS Agreement.
Once it has decided on the case, i.e., whether the complaint had been shown to be right or wrong, the DSB may direct the 'losing' Member to take action to bring its laws, regulations or policies into conformity with the WTO Agreements. This is the only direction that emerges from a WTO dispute. There is no concept of "punishment" or even ...
WTO Dispute DS71: Canada — Measures Affecting the Export of Civilian Aircraft (Complainant: Brazil), 10 March 1997 [4] WTO Dispute DS222: Canada — Export Credits and Loan Guarantees for Regional Aircraft (Complainant: Brazil), 22 January 2001 [5] There was also a more recent fifth case, WTO Dispute DS522, filed on 8 February 2017 by Brazil. [6]
The WTO is an international institution that deals with the rules of trade between countries with the view of inter alia "raising standards of living, [and] ensuring full employment…". [3] This is achieved through a series of trade liberalising agreements based on consensus from the WTO's 164 members who form the General Council. [4]
Although a dispute arising within free-trade areas are not subject to litigation at the WTO's Dispute Settlement Body, "there is no guarantee that WTO panels will abide by them and decline to exercise jurisdiction in a given case". [14] A free trade agreement is a reciprocal agreement, which is allowed by Article XXIV of the GATT.
The WTO dispute settlement body is operational since 1995 and has been very active since then with 369 cases in the time between 1 January 1995 and 1 December 2007. [16] Nearly a quarter of disputes reached an amicable solution, in other cases the parties to the dispute resorted to adjudication. The WTO dispute settlement body has exclusive and ...
Both disputes accused Japan of violating numerous articles of the TRIPS Agreement. Both disputes were settled in December 1997, with the involved parties finding mutually agreeable solutions. DS28 was the first case ever brought to the WTO's dispute settlement body based on the TRIPS Agreement. [1]
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