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8 - Adoption and Implementation of Reports
David Palmeter, Petros C. Mavroidis, Columbia University, New York, Niall Meagher
Book:

Dispute Settlement in the World Trade Organization

Published online:

27 January 2022

Print publication:

17 February 2022, pp 406-456
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Summary

This chapter describes the next steps in a WTO dispute settlement proceeding after the issuance of panel or Appellate Body reports. The chapter describes the rules governing the adoption and implementation of reports. It explains the process for negotiating a “reasonable period of time” (RPT) for a defending party to implement adverse findings. The chapter also explains the process for arbitration under Article 21.3(c) of the DSU on the RPT in the event that the parties cannot agree. Next, the chapter explains the process for resolving disputes as to whether the defending party has properly implemented any adverse findings under Article 21.5 of the DSU. The chapter explains the similarities and differences between the Article 21.5 process and normal panel process.