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World Trade Organization Appellate Body: Working Procedures for Appellate Review*

Published online by Cambridge University Press:  18 May 2017

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Type
Reports and Other Documents
Information
International Legal Materials , Volume 35 , Issue 2 , March 1996 , pp. 495 - 519
Copyright
Copyright © American Society of International Law 1996

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Footnotes

*

[Reproduced from World Trade Organization Document WT/AB/WP/1 of February 15, 1996, and the letter conveying the Working Procedures from Julio Lacarte-Muró, Chairman of the WTO Appellate Body, to Ambassador Celso Lafer, Chairman of the Dispute Settlement Body.

[The WTO Report of the Panel in United States - Standards for Reformulated and Conventional Gasoline appears at 35 I.L.M. 274 (1996); the Introductory Note for the Final Act Embodying the Results of the Uruguay Round of Trade Negotiations, by Amelia Porges, appears at 33 I.L.M. 1125 (1994) and includes a discussion of WTO dispute settlement procedures; the Understanding on Rules and Procedures Governing the Settlement of Disputes, April 15, 1994, appears at 33 I.L.M. 1226 (1994).]

References

1 Rule 20.

2 Rule21.

3 Rule 23(1).

4 Rules 22 and 23(3).

5 Rule 24.

6 Rule 27.

7 Article 17:5, DSU.

8 Article 4:9, SCM Agreement.

9 Article 17:14, DSU.

10 Article 4:9, SCM Agreement.

1 Pending adoption of the Staff Regulations, members of the Secretariat shall make disclosures to the Director-General in accordance with the following draft provision to be included in the Staff Regulations: “

  • When paragraph V:4(c) of the Rules of Conduct for the DSU is applicable, members of the Secretariat would disclose to die Director-General of the WTO the information required in paragraph V:2 of those Rules, as well as any information regarding their participation in earlier formal consideration of the specific measure at issue in a dispute under any provisions of the WTO Agreement, including through formal legal advice under Article 27.2 of the DSU, as well as any involvement with the dispute as an official of a WTO Member government or otherwise professionally, before having joined the Secretariat.

  • The Director-General shall consider any such disclosures in deciding on die assignment of members of the Secretariat to assist in a dispute.

  • When the Director-General, in the light of his consideration, including of available Secretariat resources, decides that a potential conflict of interest is not sufficiently material to warrant non-assignment of a particular member of die Secretariat to assist in a dispute, die Director-General shall inform the panel of his decision and of the relevant supporting information.“

2 Pending adoption of the Staff Regulations, the Director-General would act in accordance with the following draft provision for the Staff Regulations: “If paragraph VII: 11 of the Rules of Conduct for the DSU governing the settlement of disputes is invoiced, the Director-General shall consult with the person who is the subject of the evidence and the panel and shall, if necessary, take appropriate disciplinary action”.

3 Appropriate adjustments would be made in the case of appointments pursuant to the SCM Agreement.