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II - Dispute Settlement Rules and Procedures in the Multilateral Trade Agreements

Published online by Cambridge University Press:  05 September 2012

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Summary

The GATT 1994 and Other Covered Agreements

General interpretative note to Annex 1A

In the event of conflict between a provision of the General Agreement on Tariffs and Trade 1994 and a provision of another agreement in Annex 1A to the Agreement Establishing the World Trade Organization (referred to in the agreements in Annex 1A as the “WTO Agreement”), the provision of the other agreement shall prevail to the extent of the conflict.

The General Agreement on Tariffs and Trade 1994

Consultation

1. Each contracting party shall accord sympathetic consideration to, and shall afford adequate opportunity for consultation regarding, such representations as may be made by another contracting party with respect to any matter affecting the operation of this Agreement.

2. The CONTRACTING PARTIES may, at the request of a contracting party, consult with any contracting party or parties in respect of any matter for which it has not been possible to find a satisfactory solution through consultation under paragraph 1.

Nullification or Impairment

1. If any contracting party should consider that any benefit accruing to it directly or indirectly under this Agreement is being nullified or impaired or that the attainment of any objective of the Agreement is being impeded as the result of:

  1. (a) the failure of another contracting party to carry out its obligations under this Agreement, or

  2. (b) the application by another contracting party of any measure, whether or not it conflicts with the provisions of this Agree- ment, or

  3. (c) the existence of any other situation,

the contracting party may, with a view to the satisfactory adjustment of the matter, make written representations or proposals to the other contracting party or parties which it considers to be concerned.

Type
Chapter
Information
The WTO Dispute Settlement Procedures
A Collection of the Relevant Legal Texts
, pp. 38 - 57
Publisher: Cambridge University Press
Print publication year: 2012

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