Dsu Covered Agreements

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4. The recommendations or decisions of the dispute resolution body are intended to achieve a satisfactory resolution of the issue, in accordance with the rights and obligations arising from this agreement and the agreements covered. 2. Working groups review the relevant provisions of all agreements or agreements covered by the parties to the dispute. (5) In consultation in accordance with the provisions of a covered agreement, members should endeavour to arrive at a satisfactory adjustment of the issue before taking further action under this agreement. When a Member State believes that a measure taken by another Member State has withdrawn a benefit due to it under one of the covered agreements, it can request consultations with the other Member State. [15] In the event that deliberations do not resolve the dispute within sixty days of receiving the request for consultation, the complainant may request the creation of a body. The respondent state is not in a position to prevent or delay the creation of a body unless the DSB decides otherwise by mutual agreement. [16] The body, which is generally composed of three members appointed ad hoc by the secretariat, receives written and oral submissions from the parties on the basis of which it is expected to make findings and conclusions for transmission to the DSB. The procedure is confidential and, even if private parties are directly involved, they are not allowed to participate or submit to activities of the State concerned. [17] Disputes may also arise from non-violation of benefit rights. [18] 9. Dispute resolution provisions contained in covered agreements may be invoked for measures that undermine their compliance by regional or local authorities or authorities in a member`s territory.

If the DSB has decided that a provision of a covered agreement has not been complied with, the responsible member takes appropriate measures to ensure compliance. The provisions of the covered agreements and this agreement on the compensation and suspension of concessions or other obligations apply in cases where such compliance has not been possible (17). 1. If members seek compensation for a breach or cancellation or breach of the benefits of the covered agreements or an obstacle to achieving an objective of the covered agreements, they must make use of the rules and procedures of that agreement and comply with them. Dispute resolution rules in covered agreements return to the top two. The WTO dispute settlement system is a key element in ensuring the security and predictability of the multilateral trading system. Members recognize that it serves to preserve members` rights and obligations under covered agreements and to clarify the existing provisions of those agreements, in accordance with the usual rules of interpretation of international law. The DSB`s recommendations and decisions should not increase or diminish the duties and obligations set out in the covered agreements. Many of these provisions refer only to Articles XXII and XXIII of the 1994 GATT of 19943 or have been established as models in accordance with Articles XXII and XXIII.

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