answersLogoWhite

0

Settling disputes is the responsibility of the Dispute Settlement Body (the General Council in another guise), which consists of all WTO members. The Dispute Settlement Body has the sole authority to establish "panels" of experts to consider the case, and to accept or reject the panels' findings or the results of an appeal. It monitors the implementation of the rulings and recommendations, and has the power to authorize retaliation when a country does not comply with a ruling. First stage:consultation (up to 60 days). Before taking any other actions the countries in dispute have to talk to each other to see if they can settle their differences by themselves. If that fails, they can also ask the WTO director-general to mediate or try to help in any other way.

Second stage: the panel (up to 45 days for a panel to be appointed, plus 6 months for the panel to conclude). If consultations fail, the complaining country can ask for a panel to be appointed. The country "in the dock" can block the creation of a panel once, but when the Dispute Settlement Body meets for a second time, the appointment can no longer be blocked (unless there is a consensus against appointing the panel).

Officially, the panel is helping the Dispute Settlement Body make rulings or recommendations. But because the panel's report can only be rejected by consensus in the Dispute Settlement Body, its conclusions are difficult to overturn. The panel's findings have to be based on the agreements cited.

The panel's final report should normally be given to the parties to the dispute within six months. In cases of urgency, including those concerning perishable goods, the deadline is shortened to three months.

The agreement describes in some detail how the panels are to work. The main stages are:

Before the first hearing: each side in the dispute presents its case in writing to the panel.

First hearing: the case for the complaining country and defence: the complaining country (or countries), the responding country, and those that have announced they have an interest in the dispute, make their case at the panel's first hearing.

Rebuttals: the countries involved submit written rebuttals and present oral arguments at the panel's second meeting.

Experts: if one side raises scientific or other technical matters, the panel may consult experts or appoint an expert review group to prepare an advisory report.

First draft: the panel submits the descriptive (factual and argument) sections of its report to the two sides, giving them two weeks to comment. This report does not include findings and conclusions.

Interim report: The panel then submits an interim report, including its findings and conclusions, to the two sides, giving them one week to ask for a review.

Review: The period of review must not exceed two weeks. During that time, the panel may hold additional meetings with the two sides.

Final report: A final report is submitted to the two sides and three weeks later, it is circulated to all WTO members. If the panel decides that the disputed trade measure does break a WTO agreement or an obligation, it recommends that the measure be made to conform with WTO rules. The panel may suggest how this could be done.

The report becomes a ruling: The report becomes the Dispute Settlement Body's ruling or recommendation within 60 days unless a consensus rejects it. Both sides can appeal the report (and in some cases both sides do).

User Avatar

Wiki User

16y ago

What else can I help you with?

Related Questions

Why join the WTO?

The WTO deals with regulation of trade between participating countries by providing a framework for negotiating trade agreements and a dispute resolution process aimed at enforcing participants' adherence to WTO agreements, which are signed by representatives of member governments and ratified by their parliaments. It is helpful for countries to join the WTO so that all trade practices are legal and conducted well.


How is WTO more effective then GATT?

The World Trade Organization (WTO) is more effective than the General Agreement on Tariffs and Trade (GATT) due to its comprehensive framework and enhanced enforcement mechanisms. Unlike GATT, which primarily focused on trade in goods, the WTO covers services and intellectual property as well. The WTO also has a more structured dispute resolution process, allowing for faster and binding resolutions to trade disputes. Additionally, the WTO's broader membership and institutional support facilitate more robust global trade negotiations and cooperation.


What are the Problem of WTO?

The World Trade Organization (WTO) faces several problems, including challenges related to its decision-making process, which often requires consensus among all member states, leading to gridlock. Additionally, there are concerns about the effectiveness of its dispute resolution mechanism, which can be slow and politically influenced. The rise of regional trade agreements and protectionist policies also undermine the WTO's authority and relevance in promoting global trade. Lastly, issues like inequality and environmental sustainability are increasingly pressing, yet the WTO struggles to address these in its framework.


How many disputes has the wto handled?

As of October 2023, the World Trade Organization (WTO) has handled over 600 disputes since its establishment in 1995. These disputes cover a wide range of issues related to international trade, including tariffs, trade barriers, and subsidies. The WTO's Dispute Settlement Mechanism is designed to provide a structured process for resolving these conflicts among member countries. The exact number of disputes may vary as new cases are initiated and others are resolved.


When did Japan join the WTO?

Japan joined the World Trade Organization (WTO) on January 1, 1995. The WTO was established on that date, succeeding the General Agreement on Tariffs and Trade (GATT) and providing a framework for international trade negotiations and dispute resolution. Japan has been an active member since its inception, participating in various trade agreements and negotiations.


Why is the WTO powerful?

The World Trade Organization (WTO) is powerful because it establishes a comprehensive framework for international trade, facilitating negotiations and resolving disputes among member countries. Its ability to enforce trade agreements and provide a platform for dialogue helps ensure that trade flows smoothly and predictably. Additionally, the WTO's dispute resolution mechanism encourages compliance with rules, thereby fostering stability in the global economy. This influence allows the WTO to shape trade policies and practices worldwide.


How would you describe WTO?

The World Trade Organization (WTO) is an organization that intends to supervise and liberalize international trade. The organization officially commenced on January 1, 1995 under the Marrakech Agreement, replacing the General Agreement on Tariffs and Trade (GATT), which commenced in 1948. The organization deals with regulation of trade between participating countries; it provides a framework for negotiating and formalizing trade agreements, and a dispute resolution process aimed at enforcing participants' adherence to WTO agreements which are signed by representatives of member governments and ratified by their parliaments.Most of the issues that the WTO focuses on derive from previous trade negotiations, especially from the Uruguay Round (1986-1994). From jahffer@gmail.com,+92-300-518-3475


Comments on wto and its function?

Function for WTO


What is scope of wto?

the WTO has no scope... lol


Is China member of WTO?

Yes, China is a member of the World Trade Organization (WTO). It joined the organization on December 11, 2001, after a lengthy negotiation process that began in the 1980s. China's accession to the WTO marked a significant step in its integration into the global economy and has had a profound impact on international trade dynamics.


How does the WTO prevent trade wars?

The World Trade Organization (WTO) helps prevent trade wars by providing a structured platform for negotiating and enforcing trade agreements among member countries. It establishes rules and guidelines that promote fair competition and reduce trade barriers, thereby fostering open markets. Additionally, the WTO offers a dispute resolution mechanism that allows countries to address grievances without resorting to unilateral trade measures, which can escalate into trade wars. By encouraging dialogue and cooperation, the WTO aims to maintain a stable and predictable trading environment.


-With which Trips and trims are related to WTO or IBRD?

wto