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DSM 4 EU-ACP EPAS

DSM 4 EU-ACP EPAS. Lambert Botha International Trade Advisor. Overview. General remarks Considerations in designing a dispute settlement mechanism Advantages of having a well-functioning dispute settlement mechanism Conclusion. General Remarks.

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DSM 4 EU-ACP EPAS

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  1. DSM 4 EU-ACP EPAS Lambert Botha International Trade Advisor

  2. Overview • General remarks • Considerations in designing a dispute settlement mechanism • Advantages of having a well-functioning dispute settlement mechanism • Conclusion

  3. General Remarks • Litigation usually 2nd best option, but sometimes unavoidable; • Merely providing for a good dispute settlement mechanism (dsm) is not enough; • Political convenience should not determine the design of the dsm; and • A good dsm goes beyond the “report”.

  4. The design of the mechanism • The role and function of the highest joint consultative body; • The selection and appointment of arbitrators; • Whether to provide for a code of conduct and rules of procedure; • How to deal with confidentiality;

  5. The design of the mechanism • Whether to allow for third party participation; • Whether to allow for the filing of “friends of the court” submissions; • Whether to provide for an interim and/or final report; • Whether to allow for adoption of the report by the highest consultative body;

  6. The design of the mechanism • Whether to provide for a negative consensus rule; • Whether to allow for an appeal mechanism; • Implementation – • Determination of reasonable period • Allowing for compensation • Determining appropriate level of compliance • Allowing for withdrawal of concessions • Providing for a tight but reasonable timeframe; • Forum shopping; and • How to deal with costs.

  7. Advantages of a well-functioning dsm • Enhances the credibility; • Facilitates integration; • Provides certainty and predictability; • Limits power-based engagements.

  8. Conclusion • Resolving trade disputes through the use of a dsm, should not be regarded as an “unfriendly act”. • Without political commitment, any government to government dsm is destined for failure.

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