Book contents
- Frontmatter
- Contents (outline)
- Contents (detail)
- Foreword to the 1995–2010 edition
- Part I Appellate Body Reports
- A
- B
- C
- D
- E
- F
- G
- H
- I
- J
- L
- M
- N
- O
- P
- R
- S
- T
- V
- W
- Part II Arbitration Awards under Article 21.3(c) of the DSU
- Annex A Terms of Office of Current and Former Appellate Body Members and Chairpersons – 31 December 2009
- Annex B Biographies of Current and Former Appellate Body Members
- Annex C Information on Appellate Body Reports – 1996 to January 2010
- Annex D Arbitration Awards under Article 21.3(c) of the DSU – 1996 to 2009
- Annex E Articles of Covered Agreements Addressed in Appellate Body Reports
- Annex F Working Procedures for Appellate Review WT/AB/WP/61
- Abbreviations used in the Table of References to the Covered Agreements and other Instruments and in the Indexes
- Table of References to the Covered Agreements and other Instruments by Article
- Index
- Subject Index by Case (Appellate Body reports)
- Subject Index by Case (Arbitration Awards under Article 21.3(c) of the DSU)
R
from Part I - Appellate Body Reports
Published online by Cambridge University Press: 05 June 2012
- Frontmatter
- Contents (outline)
- Contents (detail)
- Foreword to the 1995–2010 edition
- Part I Appellate Body Reports
- A
- B
- C
- D
- E
- F
- G
- H
- I
- J
- L
- M
- N
- O
- P
- R
- S
- T
- V
- W
- Part II Arbitration Awards under Article 21.3(c) of the DSU
- Annex A Terms of Office of Current and Former Appellate Body Members and Chairpersons – 31 December 2009
- Annex B Biographies of Current and Former Appellate Body Members
- Annex C Information on Appellate Body Reports – 1996 to January 2010
- Annex D Arbitration Awards under Article 21.3(c) of the DSU – 1996 to 2009
- Annex E Articles of Covered Agreements Addressed in Appellate Body Reports
- Annex F Working Procedures for Appellate Review WT/AB/WP/61
- Abbreviations used in the Table of References to the Covered Agreements and other Instruments and in the Indexes
- Table of References to the Covered Agreements and other Instruments by Article
- Index
- Subject Index by Case (Appellate Body reports)
- Subject Index by Case (Arbitration Awards under Article 21.3(c) of the DSU)
Summary
Refusal of a Party to Provide Information
See Inferences Drawn from the Refusal of a Party to Provide Information (I.1)
(WT/DS320/AB/R, WT/DS321/AB/R)
As the Appellate Body has explained, Article 23.1 lays down the fundamental obligation of WTO Members to have recourse to the rules and procedures of the DSU when seeking redress of a violation of the covered agreements. Article 23 restricts WTO Members’ conduct in two respects. First, Article 23.1 establishes the WTO dispute settlement system as the exclusive forum for the resolution of such disputes and requires adherence to the rules of the DSU. Secondly, Article 23.2 prohibits certain unilateral action by a WTO Member. Thus, a Member cannot unilaterally: (i) determine that a violation has occurred, benefits have been nullified or impaired, or that the attainment of any objective of the covered agreements has been impeded; (ii) determine the duration of the reasonable period of time for implementation; or (iii) decide to suspend concessions and determine the level thereof.
- Type
- Chapter
- Information
- WTO Appellate Body Repertory of Reports and Awards1995–2010, pp. 591 - 682Publisher: Cambridge University PressPrint publication year: 2011