Disputes settlement procedure (VII) Appellate Body = permanent body (7 members on a four-year term). It must be composed by persons of recognized authority.

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Presentation transcript:

Disputes settlement procedure (VII) Appellate Body = permanent body (7 members on a four-year term). It must be composed by persons of recognized authority and be broadly representative of membership in the WTO. Independence and impartiality. The appointment is made by the DSU by consensus.

Disputes settlement procedure (VIII) Right to appeal: parties to the dispute. Third parties can only participate to appellate review proceedings. Notice of appeal: it must identify: 1)errors in the issues of law; 2)relevant provisions; 3)paragraphs of the panel report containing the alleged errors. Withdrawal of appeal.

Disputes settlement procedure (IX) Appellate review: consideration of issues of law (article 17 excludes factual findings; questions of evidence, unless article 11 is at issue, from appellate review). The appellant cannot expose new facts or new arguments.

Dispute settlement procedures (X) The Appellate Body may uphold, modify or reverse the legal findings and conclusions of the panel. Completion of the legal analysis, unless the factual findings are insufficient or the legal analysis involves contested facts or a new assessment of evidence is required.

Dispute settlement procedures (XI) Written submissions and oral hearing. Exchange of views. Adoption of the report by the DSB by reverse consensus. The report must be accepted unconditionally by the parties to the dispute.

Implementation of the report Reasonable period of time: agreement or recourse to arbitration. Disagreement on the implementation: compliance Panels. Examination of the measures adopted in order to comply with the report and of their consistency with the WTO Agreements. Compensation and suspension of concessions: authorisation by the DSB; proportionality.