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The implementation of the decisions of the panels and of the WTO Appellate Body

The implementation of the decisions of the panels and of the WTO Appellate Body . Antoine Romanetti, Avocat International Annual WTO Forum Kaliningrad State Technical University 20 - 22 March 2014. INTRODUCTION. Self- contained system Goal: promotion of the Rule of law

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The implementation of the decisions of the panels and of the WTO Appellate Body

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  1. The implementation of the decisions of the panels and of the WTO Appellate Body Antoine Romanetti, Avocat International Annual WTO Forum Kaliningrad State Technical University 20 - 22 March 2014

  2. INTRODUCTION • Self-contained system • Goal: promotion of the Rule of law • Very effective and efficient implementation system • No need to go through all the stages of the process to obtainimplementation

  3. THE OUTLINE I - AN OVERVIEW II - CURRENT DEBATED ISSUES / HOT TOPICS

  4. I- AN OVERVIEW

  5. I- AN OVERVIEW

  6. I- AN OVERVIEW A- WHEN? • Obligation to implement / Appeal • Duty of information (Art. 21.3 DSU) - 30 days 3) Mutual Agreement – 45 days 4) Suggestion of a Reasonableperiod of time (RPT) to the DSB 5) Arbitration (Art. 21.3 DSU) – 90 days

  7. I- AN OVERVIEW

  8. I- AN OVERVIEW B- HOW? • How does the review process work? (Art. 21.5 DSU) - disagreement on existence or consistency of measurestaken to comply - original panel (90 / 246 days) - new claims are admissible • Independent verification of implementation – as opposed to unilateral assertions of compliance or not • The sequencing agreement - the EC Bananas case

  9. I- AN OVERVIEW

  10. I- AN OVERVIEW C - COMPENSATION - RETALIATION • Obligation to negotiate compensation first (Art. 22.2 DSU) - 20 days • Request for an authorisation to retaliate • The procedure before the DSB: - requestadopted (30 days) unless the DSB rejects the request by consensus - unless the Respondentobjects ($; sector) 4) Arbitration (Art. 22.6 DSU) – in theory 60 days

  11. II- CURRENT DEBATED ISSUES • WHEN? • One or multiple RPT? (Art. 21.3 DSU) • The arbitration is about WHEN? and not about HOW? • Simultaneous written submissions

  12. II- CURRENT DEBATED ISSUES B) RETALIATION • The calculations • What happens in case of retaliation but no compliance? • Can retaliatory measures be adjusted? • Other remedies? Avenues for reforms - pecuniary damages - collective retaliation

  13. CONCLUSION • A very effective and efficient implementation system • Lingeringproblems • Surveillance role of the DSB

  14. Thank you! Antoine Romanetti, Avocat 10 bis, rue du Vieux-Collège 1204 Geneva - Switzerland aromanetti@romanettiavocats.com romanettiavocats.com

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