第十章国际经济争端的法律解决.ppt

5. Implementation (cont’d) Step 3: --- If further negotiations and concessions fail (“Step 2”) within 20 days, the complainant (“injured party”) seeks authority from the DSB to retaliate against the respondent. Usually, the retaliation will be within the same sector of goods or services, but if insufficient, can go to other sectors. The DSB must grant the complainant’s request to retaliate within 30 days. How long to settle a dispute? (Targets…Parties can settle their disputes at any phase, anytime) 60 days Consultations, mediation, etc 45 days Panel set up and panellists appointed 6 months Final panel report to parties 3 weeks Final panel report to WTO members 60 days Dispute Settlement Body adopts report (if no appeal) Total = 1 year (without appeal) 60-90 days Appeals report 30 days Dispute Settlement Body adopts appeals report Total = 1 year, 3 months (with appeal) A brief case example DS 252: “The World Against the U.S. Regarding Steel Duties” DS 252 China (and “The World”!) Go After the U.S. for Increase in Duties on Steel! /english/tratop_e/dispu_e/cases_e/ds252_e.htm China, Brazil, Canada, Chinese Taipei, Cuba, European Communities, Japan, Korea, Mexico, New Zealand, Norway, Switzerland, Thailand, Turkey, Venezuela “Agreement on Safeguards”: Products are being imported in such a quantity “to threaten or cause serious injury to the domestic industry.” Facts: The U.S. began putting extra “duties” on imported steel products on March 20, 2002 (Note: Elections held each November…Pennsylvania---a major steel state---an important political state!) DS 252 Case Analysis Issue: Whether or not the “safeguard measures” taken by the U.S. were in violation of GATT 1994 “Agreement on Safeguards” (“Is U.S. Steel Industry REALLY being seriously injured, justifying the increase in duties?”) Procedural History: -- March 7, 2002-July 29, 2002, various countries (parties) requested (and received) consultations -- July 25, 2002: Panel composed.