Book contents
- Frontmatter
- Contents
- Preface
- Abbreviations
- I Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU)
- Appendix 1 Agreements Covered by the Understanding*
- II Dispute Settlement Rules and Procedures in the Multilateral Trade Agreements
- III Dispute Settlement Decisions of the Contracting Parties to the GATT 1947 Referred to in the DSU
- IV Dispute Settlement Rules and Procedures in the Plurilateral Trade Agreements
- V Rules of Procedure for Meetings of the Dispute Settlement Body
- VI Rules of Conduct for the Understanding on the Rules and Procedures Governing the Settlement of Disputes
- VII Rules and Procedures Relating to Appellate Review
- VIII DSU Practices
- IX Other Decisions
- Index
II - Dispute Settlement Rules and Procedures in the Multilateral Trade Agreements
Published online by Cambridge University Press: 05 September 2012
Book contents
- Frontmatter
- Contents
- Preface
- Abbreviations
- I Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU)
- Appendix 1 Agreements Covered by the Understanding*
- II Dispute Settlement Rules and Procedures in the Multilateral Trade Agreements
- III Dispute Settlement Decisions of the Contracting Parties to the GATT 1947 Referred to in the DSU
- IV Dispute Settlement Rules and Procedures in the Plurilateral Trade Agreements
- V Rules of Procedure for Meetings of the Dispute Settlement Body
- VI Rules of Conduct for the Understanding on the Rules and Procedures Governing the Settlement of Disputes
- VII Rules and Procedures Relating to Appellate Review
- VIII DSU Practices
- IX Other Decisions
- Index
Summary
The GATT 1994 and Other Covered Agreements
General interpretative note to Annex 1A
In the event of conflict between a provision of the General Agreement on Tariffs and Trade 1994 and a provision of another agreement in Annex 1A to the Agreement Establishing the World Trade Organization (referred to in the agreements in Annex 1A as the “WTO Agreement”), the provision of the other agreement shall prevail to the extent of the conflict.
The General Agreement on Tariffs and Trade 1994
Consultation
1. Each contracting party shall accord sympathetic consideration to, and shall afford adequate opportunity for consultation regarding, such representations as may be made by another contracting party with respect to any matter affecting the operation of this Agreement.
2. The CONTRACTING PARTIES may, at the request of a contractingparty, consult with any contracting party or parties in respect of anymatter for which it has not been possible to find a satisfactory solutionthrough consultation under paragraph 1.
Nullification or Impairment
1. If any contracting party should consider that any benefit accruing toit directly or indirectly under this Agreement is being nullified orimpaired or that the attainment of any objective of the Agreement isbeing impeded as the result of:
(a) the failure of another contracting party to carry out its obligationsunder this Agreement, or
(b) the application by another contracting party of any measure,whether or not it conflicts with the provisions of this Agree-ment, or
(c) the existence of any other situation,
the contracting party may, with a view to the satisfactory adjustment ofthe matter, make written representations or proposals to the othercontracting party or parties which it considers to be concerned.
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- The WTO Dispute Settlement ProceduresA Collection of the Relevant Legal Texts, pp. 38 - 57Publisher: Cambridge University PressPrint publication year: 2012
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