Appunti VERIFICATO
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- WTO Dispute Settlement: The mechanism is a strength of the WTO system, with over 621 disputes brought since 1995 and more than 350 rulings issued. It relies on GATT’s Article XXII for preliminary consultations and Article XXIII for dispute submission.
- Article XXII allows non-violation complaints if a measure affects trade concessions granted by Members, even without direct violation of the agreement. Article XXIII provides a second instance with an Appellate Body to review panel decisions.
- The Uruguay Round introduced a timeframe for the process, including consultation, appeal, and implementation phases. Decisions are made through reverse consensus, making them binding in absence of unanimous objection. The DSB oversees report implementation until dispute resolution.
- Non-implementation leads to temporary measures like compensation agreements or unilateral suspension of concessions by the winning party, which must be previously authorized and proportional.
- The crisis involves the USA’s refusal to nominate new Appellate Body judges, leading to a lack of second instance review. Article 25 of the DSU allows for an arbitration system as a temporary solution.
- In EU law, private firms cannot directly appeal GATT Articles before national courts; the ECJ has denied direct effect of WTO treaties despite their normative reinforcement.
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