Book contents
- Frontmatter
- Contents (outline)
- Contents
- Foreword to the 1995–2013 edition
- List of Abbreviations for Parts I and II
- Part I Appellate Body Reports
- PART II Arbitration Awards under Article 21.3(c) of the DSU
- ARB.1 Mandate of Arbitrator under Article 21.3(c)
- ARB.2 Prompt Compliance
- ARB.3 Withdrawal or Modification of the Measure
- ARB.4 “Reasonable Period of Time”
- ARB.5 “Particular Circumstances”
- ARB.6 Burden of Proof
- Annexes
- 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
- Subject Index
- Subject Index by Case (Appellate Body Reports)
- Subject Index by Case (Arbitration Awards under Article 21.3(c) of the DSU)
ARB.3 - Withdrawal or Modification of the Measure
from PART II - Arbitration Awards under Article 21.3(c) of the DSU
Published online by Cambridge University Press: 05 March 2015
- Frontmatter
- Contents (outline)
- Contents
- Foreword to the 1995–2013 edition
- List of Abbreviations for Parts I and II
- Part I Appellate Body Reports
- PART II Arbitration Awards under Article 21.3(c) of the DSU
- ARB.1 Mandate of Arbitrator under Article 21.3(c)
- ARB.2 Prompt Compliance
- ARB.3 Withdrawal or Modification of the Measure
- ARB.4 “Reasonable Period of Time”
- ARB.5 “Particular Circumstances”
- ARB.6 Burden of Proof
- Annexes
- 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
- Subject Index
- Subject Index by Case (Appellate Body Reports)
- Subject Index by Case (Arbitration Awards under Article 21.3(c) of the DSU)
Summary
General
ARB.3.1.1 Australia – Salmon, para. 30
(WT/DS18/9)
Taken together, these provisions clearly define the rights and obligations of the Member concerned with respect to the implementation of the recommendations and rulings of the DSB. In the absence of a mutually agreed solution, the first objective is usually the immediate withdrawal of the measure judged to be inconsistent with any of the covered agreements. Only if it is impracticable to do so, is the Member concerned entitled to a reasonable period of time for implementation. …
ARB.3.1.2 Argentina – Hides and Leather, para. 40
(WT/DS155/10)
… Implementation, in essence, consists of bringing the measure held to be inconsistent with the obligations of the WTO Member concerned under particular provisions of a particular covered agreement, into conformity with those same provisions. Article 3.7 of the DSU stresses that “ the first objective of the dispute settlement mechanism is usually to secure withdrawal of the WTO-inconsistent measure” (emphasis added). The DSU goes on to state that compensation may be resorted to only if “the immediate withdrawal of the measure is impracticable and then only as “a temporary measure pending the withdrawal of the WTO-inconsistent measure” (emphasis added). Suspension of concessions or other obligations under the covered agreements is explicitly designated as a “last resort” mode of compliance “subject to authorization by the DSB”, but it too remains a “temporary” remedy allowed under Article 22.8 of the DSU only until the non-conforming measure is “removed” or a “mutually satisfactory solution” is achieved. Moreover, and at any rate, Article 22.1 of the DSU cautions that neither compensation nor suspension of concessions or other obligations is to be “preferred to full implementation of a recommendation to bring a measure into conformity with the covered agreements”. …
ARB.3.1.3 US – Offset Act (Byrd Amendment), para. 50
(WT/DS217/14, WT/DS234/22)
Thus, in my view, the United States may choose either to withdraw or modify the CDSOA so as to bring it into conformity with its obligations under the covered agreements.
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- Information
- WTO Appellate Body Repertory of Reports and Awards1995–2013, pp. 1670 - 1673Publisher: Cambridge University PressPrint publication year: 2014