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Trade Policy Review Mechanism Collective appreciation and evaluation of individual trade policies of Member States. It cannot be used for the enforcement.

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Presentation on theme: "Trade Policy Review Mechanism Collective appreciation and evaluation of individual trade policies of Member States. It cannot be used for the enforcement."— Presentation transcript:

1 Trade Policy Review Mechanism Collective appreciation and evaluation of individual trade policies of Member States. It cannot be used for the enforcement of specific obligations.

2 TPRM (II) Objectives: a)improve adherence to rules and commitments under the Multilateral Trade Agreements; b)increase transparency and understanding of Members’s trade policies in the context of the multilateral trading system (domestic transparency).

3 TPRM (III) Periodic review of all the Members, depending on their share of world trade (EC, US, Japan, China every two years; the next 16 every four years; the others every six years; longer period for least- developed countries). Publication of the reports and of the other documents adopted by the TPRB.

4 TPRM (IV) Trade Policy Review Body: it examines a) a full report supplied by the Member under review and b) a report drawn up by the WTO Secretariat; it takes also into account other economic or environmental needs and policies of the Member reviewed.

5 TPRM (V) TPRB has no power of enforcement of the WTO Agreements against breaches by the Members or inconsistencies in their trade policies. The TPR is a form of political pressure that serve as a basis for persuading – and not forcing – Members to comply with their commitments under WTO Agreements.

6 Dispute settlement GATT 1947 provided for a dispute settlement system based on consultations and negotiations between Members. The Contracting Parties developed a sophisticated system of dispute settlement through adjudication. The DSU is inspired to the dispute settlement system under GATT 1947 but it tries to remedy the most important shortcomings.

7 Dispute settlement principles 1) prompt settlement of the disputes concerning the WTO Agreements  DSU ensures the enforcement of the rights and obligations of Members; enhances the predictability of the trade policies; contributes to clarification of WTO law.

8 Dispute settlement principles (II) 2) settlement of disputes through multilateral procedures: evolution of international law, under which every State can make a unilateral determination that a violation has occurred and may have recourse to retaliation measures (US under GATT 1947 made wide use of retaliation measures). Under the DSU the DSB determines whether a violation has occurred and the Members can obtain redress under multilateral procedures;

9 Dispute settlement principles (III) 3) extensive use of consultations between Members concerned  before the dispute can be submitted for adjudication, the parties are obliged to entertain consultations; 4) settlement of disputes in good faith;

10 Dispute settlement principles (IV) 5) clarification of WTO law  caution against judicial activism; authoritative interpretation by the Ministerial Conference or the General Council; the DSB, the Panels and the Appellate Body can only interpret the law and not add or diminish the rights and obligations of Members.

11 DSU Scope of application: Multilateral Trade Agreements (except Trade Review Policy Mechanism) + Plurilateral Trade Agreements (only with regard to States that are Members of those Agreements). Establishment of the Dispute Settlement Body  it administers rules and procedures under DSU and is composed by the Members of the General Council but has a different Chairperson.

12 DSU - Objectives 1) to achieve a satisfactory settlement of the matter in accordance with the rights and obligations under this Understanding and under the covered agreements: rule of law vs. solutions mutually acceptable for the parties;

13 DSU – Objectives (II) to provide security and predictability to multilateral trading system and to guarantee its effective functioning; to preserve the balance between rights and obligations of Members under the covered agreements;

14 DSU – Objectives (III) to clarify the existing provisions of WTO law in accordance with customary rules of interpretation of public international law (see articles 31-33 of the Vienna Convention on the Law of Treaties)  preference for the use of the ordinary interpretative criteria as a tool against fragmentation of international law. The interpretation of WTO law under the DSU is relevant only inter partes: the General Council can adopt authoritative interpretation of WTO law with effect erga omnes (see art. 3, para. 9, DSU).


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