Book contents
- Frontmatter
- Contents (outline)
- Contents (detail)
- Foreword to the 1995–2010 edition
- Part I Appellate Body Reports
- Part II Arbitration Awards under Article 21.3(c) of the DSU
- ARB
- 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)
ARB
from Part II - Arbitration Awards under Article 21.3(c) of the DSU
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
- Part II Arbitration Awards under Article 21.3(c) of the DSU
- ARB
- 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
(WTDS26/15, WT/DS48/13)
There is an issue in this arbitration as to what constitutes “implementation of the recommendations and rulings of the DSB” under Article 21.3 of the DSU.…
…
It is not within my mandate under Article 21.3(c) of the DSU, to suggest ways or means to the European Communities to implement the recommendations and rulings of the Appellate Body Report and Panel Reports. My task is to determine the reasonable period of time within which implementation must be completed. Article 3.7 of the DSU provides, in relevant part, that “the first objective of the dispute settlement mechanism is usually to secure the withdrawal of the measures concerned if these are found to be inconsistent with the provisions of any of the covered agreements” (emphasis added). Although withdrawal of an inconsistent measure is the preferred means of complying with the recommendations and rulings of the DSB in a violation case, it is not necessarily the only means of implementation consistent with the covered agreements. An implementing Member, therefore, has a measure of discretion in choosing the means of implementation, as long as the means chosen are consistent with the recommendations and rulings of the DSB and with the covered agreements.
- Type
- Chapter
- Information
- WTO Appellate Body Repertory of Reports and Awards1995–2010, pp. 1109 - 1169Publisher: Cambridge University PressPrint publication year: 2011