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5 - Special Rules and Procedures

Published online by Cambridge University Press:  05 March 2012

David Palmeter
Affiliation:
Sidley Austin Brown & Wood
Petros C. Mavroidis
Affiliation:
Université de Neuchâtel, Switzerland
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Summary

Overview

Appendix 2 to the Dispute Settlement Understanding lists a number of special or additional rules and procedures contained in specific covered agreements that apply when the provisions of those agreements are in issue. To the extent that there is a difference between the provisions of the DSU and any of these special rules, the special rules prevail. If there is no difference between the provisions of the DSU and the special or additional rules and procedures of a covered agreement, then both apply. Since it is only when there is a conflict between the DSU and the special or additional rules and procedures that the latter prevail, it is the task of the interpreter to determine whether in fact there is a difference or inconsistency.

A number of agreements have consultation and dispute settlement provisions, but these are not meant to replace the rules and procedures of the DSU as a coherent system of dispute settlement. The DSU also contains several provisions applicable to disputes involving developing countries. These too prevail over the standard rules of the DSU when applicable. Finally, the DSU contains special rules that apply to “non-violation” and “other situation” complaints of the type described in Article XXIII (1)(b) and (c) of GATT, as well as arbitration.

Type
Chapter
Information
Dispute Settlement in the World Trade Organization
Practice and Procedure
, pp. 171 - 209
Publisher: Cambridge University Press
Print publication year: 2004

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