Implementation and enforcement of World Trade Organization panel and Appellate Body reports and recommendations

The following International Trade practice note provides comprehensive and up to date legal information covering:

  • Implementation and enforcement of World Trade Organization panel and Appellate Body reports and recommendations
  • Introduction
  • Implementation of rulings and recommendations
  • Compliance with rulings and recommendations
  • Ensuring prompt compliance
  • Disagreement on the measure taken by responding Member State
  • Surveillance of the implementation
  • Compensation and suspension of concessions
  • How to obtain compensation
  • How to suspend concessions or obligations
  • More...

Implementation and enforcement of World Trade Organization panel and Appellate Body reports and recommendations

This Practice Note provides practical guidance on the implementation and enforcement of World Trade Organization’s (WTO) panel and Appellate Body reports and recommendations. The guidance covers the principle of prompt compliance and what occurs if there are any disagreements on prompt compliance. The surveillance of compliance aspect is covered as well as how Member States may obtain either compensation as a result of non-compliance or how to obtain authorisation to suspend concession or obligations under the covered agreements.

Introduction

The WTO dispute settlement system is dependent on the actual implementation of any finding or recommendation made by either the panel or the Appellate Body for it to be an effective dispute resolution mechanism. The Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) sets out rules to ensure that panel and Appellate Body findings and recommendations are implemented. The DSU also caters for situations where there is a lack of compliance in implementation which ultimately may lead to compensation and a suspension of concessions.

Implementation of rulings and recommendations

Compliance with rulings and recommendations

Article 3.7 states that the first objective of the WTO’s dispute settlement mechanism is to secure the withdrawal of the inconsistent measures. Article 21.1 echoes this as it provides that prompt compliance with the recommendations and ruling so the DSB

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