Book contents
- Frontmatter
- Contents
- Notes on contributors
- Preface
- Table of cases
- Abbreviations
- PART I Introduction and General Considerations
- PART II The WTO Dispute Settlement System: Its Processes and Its Institutions
- 3 The WTO dispute settlement system and its operation: a brief overview of the first ten years
- 4 The role of the Dispute Settlement Body in the dispute settlement process
- 5 Consultations and the panel process in the WTO dispute settlement system
- 6 Contingent trade remedies and WTO Dispute Settlement: some particularities
- 7 The making of the ‘World Trade Court’: the origins and development of the Appellate Body of the World Trade Organization
- 8 Special challenges at the appellate stage: a case study
- 9 The reasonable period of time for compliance with rulings and recommendations adopted by the WTO Dispute Settlement Body
- 10 Implementation of panel and Appellate Body rulings: an overview
- 11 A brief introduction to countermeasures in the WTO dispute settlement system
- PART III The WTO Dispute Settlement System: Systemic and Other Issues
- PART IV Annexes
10 - Implementation of panel and Appellate Body rulings: an overview
from PART II - The WTO Dispute Settlement System: Its Processes and Its Institutions
Published online by Cambridge University Press: 04 August 2010
- Frontmatter
- Contents
- Notes on contributors
- Preface
- Table of cases
- Abbreviations
- PART I Introduction and General Considerations
- PART II The WTO Dispute Settlement System: Its Processes and Its Institutions
- 3 The WTO dispute settlement system and its operation: a brief overview of the first ten years
- 4 The role of the Dispute Settlement Body in the dispute settlement process
- 5 Consultations and the panel process in the WTO dispute settlement system
- 6 Contingent trade remedies and WTO Dispute Settlement: some particularities
- 7 The making of the ‘World Trade Court’: the origins and development of the Appellate Body of the World Trade Organization
- 8 Special challenges at the appellate stage: a case study
- 9 The reasonable period of time for compliance with rulings and recommendations adopted by the WTO Dispute Settlement Body
- 10 Implementation of panel and Appellate Body rulings: an overview
- 11 A brief introduction to countermeasures in the WTO dispute settlement system
- PART III The WTO Dispute Settlement System: Systemic and Other Issues
- PART IV Annexes
Summary
Introduction
This chapter provides a brief overview of the rules governing the implementation of WTO panel and Appellate Body reports. It focuses on the steps that a prevailing complaining party needs to take to secure the implementation of the rulings and recommendations of the panel and the Appellate Body, as adopted by the WTO Dispute Settlement Body (DSB). It is written for the non-specialist who is interested in the general principles of implementation.
The Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) was negotiated during the Uruguay Round, and entered into force with the WTO on 1 January 1995. It sets out the rules and procedures for WTO dispute resolution. It provides for automatic panel establishment, and for the automatic adoption of panel and Appellate Body reports. Many of the DSU provisions codify the practices that had been developed in dispute settlement proceedings under the General Agreement on Tariffs and Trade (GATT). However, the DSU also includes new provisions regarding implementation and compensation that had no parallel in the GATT. It has been these new provisions – that did not have the benefit of being previously tested in practice – that have been the most controversial and problematic in the first ten years of the WTO.
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- Key Issues in WTO Dispute SettlementThe First Ten Years, pp. 98 - 109Publisher: Cambridge University PressPrint publication year: 2005
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