The following table contains a synopsis of all the publicly
available proposals made in the course of the current
Doha Development Agenda negotiations on the DSU. It includes links
to the official WTO Documents which contain the proposals.
This
Text does not give any indication of the original (bracketed)
working document used in the negotiations in Geneva.
Where WTO members have proposed completely new
provisions
for inclusion in the DSU,
we have inserted them after the article that appears most related to the suggested new provision.
The parties have expressed many more ideas, in their proposals and during the negotiations,
that have not yet been formulated into textual changes. Therefore, proposals that are very
general, like "The use of arbitration under Article 25
should also be encouraged through institutional arrangements" (TN/DS/W/15),
are not reflected below.
In addition, textual proposals that are made
during the negotiations, but not in formal written submissions, are not included. Finally, the proposals that were made
in the DSU review process prior to the Doha Development
Agenda (DDA), insofar as they are not represented
in the proposals made during the DDA, also are not reflected
in the following text.
| Proposing
Country |
Proposal |
| |
| Article
1: Coverage and Application |
| No
Proposed Changes |
|
|
| Article
2: Administration |
| No
Proposed Changes |
| |
| Article
3: General Provisions |
Cuba,
Honduras, India, Malaysia, Pakistan, Sri Lanka, Tanzania
and Zimbabwe TN/DS/W/18, Jamaica
TN/DS/W/18/Add.1 |
Amend paragraph 6: Terms of settlement
of mMutually agreed solutions to matters
formally raised under the consultation and dispute settlement
provisions of the covered agreements shall be notified
within 60 days from the date of such agreement and
in sufficient detail to the DSB and the relevant
Councils and Committees, where any Member may raise
any point relating thereto." |
EU
TN/DS/W/1 |
Add new paragraph 13: Any time
period in this Understanding may be extended by mutual
agreement of the parties to the proceeding concerned.
In that context, Members shall give special attention
to the particular problems and interests of developing
country Members. |
India,
Cuba, Dominican Republic, Egypt,
Honduras, Jamaica and Malaysia)
TN/DS/W/47
|
Amend paragraph 6: Terms of settlement
of mutually agreed solutions to matters formally raised
under the consultation and dispute settlement provisions
of the covered agreements shall be notified by a party
to the dispute within 60 days after the date of such
agreement and in sufficient detail to the DSB and the
relevant Councils and Committees, where any Member may
raise any point relating thereto. |
Jamaica
TN/DS/W/44/Rev.1 |
New paragraph 13: A WTO Member has
the right to determine the composition of its delegation
in dispute settlement proceedings |
Japan
TN/DS/W/32 |
Insert footnote after word "notifies"
in para 6: It is the obligation of both parties
to notify any mutually agreed solution promptly and
in no event more than two months after the solution
is agreed. The notification shall describe the terms
of the mutually agreed solution related to the WTO obligations
in sufficient detail to enable other Members to understand
and evaluate it. |
Kenya
TN/DS/W/42 |
Add to paragraph 2: When, in the
course of proceedings before a panel or the Appellate
Body, a question arises on whether or not there is a
conflict between provisions of any covered Agreement
or between any covered Agreements, the panel or Appellate
Body shall refer the matter to the General Council for
a determination. In reaching the determination, the
General Council may exercise the authority conferred
under paragraph 2 of Article IX of the WTO Agreement. |
Kenya
TN/DS/W/42
|
Add to paragraph 6:
(b) Developed-country Members that adopt measures
against developing or least-developed country Members
and withdraw them in the course of consultations or
90 days before the commencement of consultations pursuant
to Article 4 of this Understanding shall notify them
individually or jointly to the DSB within 60 days
of their withdrawal. The notification shall, describe
the measure and the reason or circumstances for the
withdrawal, state whether consultations were held
and finalised, and indicate the amount of injury to
the developing or least-developed country Member resulting
from the measure. Disputes over the amount of injury
may be referred to arbitration under Article 25 of
this Understanding.
(c) Where injury has resulted from the withdrawn
measure, and if the developing or least-developed
country Member so requests, the DSB may recommend
monetary and any other appropriate compensation taking
into account the nature of injury suffered. The level
of compensation shall be determined by arbitration
in accordance with Article 25 of this Understanding
and shall be implemented mutatis mutandis in accordance
with Articles 21 and 22.
(d) The requests referred to in paragraph (c) may
be made at the meeting of the DSB considering the
notification of the withdrawn measures or subsequently
within a period of 60 days, unless there are exceptional
circumstances justifying the consideration of the
request at a later date. |
Mexico
TN/DS/W/40 |
Add to paragraph 7: as well as the
possibility of transferring this right of suspending
the application of concessions or other obligations
under the covered agreements to other Member(s). |
| |
| Article
3bis: Consultations |
India
(on behalf of Cuba, Dominican Republic, Egypt,
Honduras, Jamaica and Malaysia)
TN/DS/W/47
|
New Article after Article 3: Article
3bis: Litigation Costs
In a dispute involving a developing country Member
and a developed country Member as a complaining party
and as a party complained against, respectively, or
vice versa, and where that dispute does not end with
a panel or the Appellate Body finding against the
former, the panel or the Appellate Body shall award
litigation costs to the developing-country Member
to the tune of US$500,000 or actual expenses, whichever
is higher . The litigation costs shall include lawyers’
fees, charges and all other expenses for, preparation
of necessary documents and participation in, the consultations,
panel and the Appellate Body proceedings. The litigation
costs shall also include travel, hotel, perdiem and
other expenses for a reasonable number of the Capital
based officials. |
| |
| Article
4: Consultations |
China
TN/DS/W/51/Rev.1
(replaces
TN/DS/W/51)
|
Amend paragraph 7: replace the
numeral "60" by the numeral "30"
wherever it appears.(new footnote)
____________________________
(new footnote) Where
one or more of the parties is a developing-country
Member, the time period established in paragraph 7
of Article 4 shall, if the developing-country Member
request, be extended by up to 30 days. |
Costa
Rica
TN/DS/W/12/Rev.1
replaces
TN/DS/W/12
|
Amend paragraph 11: Whenever a
Member other than the consulting Members considers
that it has a substantial trade interest in consultations
being held pursuant to paragraph 1 of Article XXII
of GATT 1994, paragraph 1 of Article XXII of GATS,
or the corresponding provisions in other covered agreements4,
such Member may notify the consulting Members and
the DSB, within 10 days after the date of the circulation
of the request for consultations under said Article,
of its desire to be joined in the consultations. Such
Member shall be joined in the consultations, provided
that the Member to which the request for consultations
was addressed agrees that the claim of substantial
interest is well-founded. In that event they shall
so inform the DSB. If the request to be joined in
the consultations is not accepted, the applicant Member
shall be free to request consultations under paragraph
1 of Article XXII or paragraph 1 of Article XXIII
of GATT 1994, paragraph 1 of Article XXII or paragraph
1 of Article XXIII of GATS, or the corresponding provisions
in other covered agreements. |
Cuba,
Honduras, India, Indonesia, Malaysia, Pakistan,
Sri Lanka, Tanzania and Zimbabwe
TN/DS/W/19 |
Amend Paragraph 10: "It is
suggested that the word "should" be replaced
by "shall" so as to make this S&D provision
mandatory.
The precise operational content of the phrase "give
special attention" is not defined. It is proposed
that:
(a) if the complaining party is a developed Member
and if it decides to seek establishment of a panel,
it should be made mandatory for it to explain in the
panel request as well as in its submissions to the
panel as to how it had taken or paid special attention
to the particular problems and interests of the responding
developing country;
(b) if the developed Member is a defending party,
it should be made mandatory for it to explain in its
submissions to the panel as to how it had addressed
or paid special attention to the particular problems
and interests of the complaining developing country;
(c) the Panel, while adjudicating the matter referred
to it, should give ruling on this matter." |
EU
TN/DS/W/1 |
Amend paragraph 7: replace numeral
"60" wherever it occurs with numeral "30"
and add footnote at end of paragraph:
Where one or more of the parties is a developing
country Member, the time period established in paragraph
7 of Article 4 shall, if the parties agree, be extended
by up to 30 days. Any other party to the dispute shall
accord sympathetic consideration to a request by a
developing country Member for such an extension.
|
EU
TN/DS/W/1 |
Amend paragraph 10: During consultations
Members should shall give special
attention to the particular problems and interests
of developing country Members. |
EU
TN/DS/W/1 |
New paragraph 12: A request
for consultations may be withdrawn at any point of
time. A request for consultations shall be deemed
to have been withdrawn by the complaining party if
that Party has not submitted a request for the establishment
of a panel within 18 months after the date of receipt
of the request for consultations by the defending
party. |
Haiti
TN/DS/W/37 |
Amend paragraph 10: During consultations
Members shall take into account the particular problems
and interests of developing-country Members especially
those of least-developed country Members. Possibilities
of holding consultations in the capitals of least-developed
country Members shall always be explored and a joint
note to this effect made, which shall be considered
in the event of the request for a panel and any proceedings. |
India
(on behalf of Cuba, Dominican Republic, Egypt,
Honduras, Jamaica and Malaysia) TN/DS/W/47
|
Amend paragraph 10: During consultations
Members shall should give special
attention to developing-country Members'
particular problems and interests of developing
country Members in the following manner:
(a) if the complaining party is a developed country
Member and if it decides to seek establishment of
a panel, it shall explain in the request for establishment
of panel as well as in its submissions to panel and
the Appellate Body as to how it had taken into account
or paid special attention to the particular problems
and interests of the developing country Member concerned;
(b) if the developed country Member is a defending
party, it shall explain in its submissions to the
panel as to how it had taken into account or paid
special attention to the particular problems and interests
of the developing country Member concerned;
(c) the Panel, while adjudicating the matter
referred to it, shall make a ruling on this issue.
|
Jordan
TN/DS/W/53
replaces
TN/DS/W/43
|
New paragraph 12: A request for
consultations may be withdrawn by the complaining party
at any point of time prior to submitting a request for
the establishment of a panel. A request for consultations
shall be deemed to have been withdrawn by the complaining
party if that Party has not submitted a request for
the establishment of a panel within (12) months after
the date of receipt of the request for consultations. |
| Jamaica
TN/DS/W/44/Rev.1
replaces
TN/DS/W/44 |
Amend paragraph 11: Whenever a Member
other than the consulting Members considers that it
has a substantial trade interest in consultations being
held pursuant to paragraph 1 of Article XXII of GATT
1994, paragraph 1 of Article XXII of GATS, or the corresponding
provisions in other covered agreements (4), such Member
may notify the consulting Members and the DSB, within
10 days after the date of the circulation of the request
for consultations under said Article, of its desire
to be joined in the consultations. Such Member shall
be deemed to have a substantial trade interest and shall
be joined in the consultations. , provided that
the Member to which the request for consultations was
addressed agrees that the claim of substantial interest
is well-founded. In that event they shall so inform
the DSB. If the request to be joined in the consultations
is not accepted, the applicant Member shall be free
to request consultations under paragraph 1 of Article
XII or paragraph 1 of Article XXIII of GATT 1994, paragraph
1 of Article XXII or paragraph 1 of Article XXIII of
GATS, or the corresponding provisions in other covered
agreements. |
| Japan
TN/DS/W/32
|
Amend paragraph 7: Change every "60"
to a "30" |
Japan
TN/DS/W/32 |
Add to the end of paragraph 7: Where
one or more of the parties is a developing country Member,
the time period established in paragraph 7 of Article
4 shall, if the parties agree, be extended by up to
30 days. Any other party to the dispute shall accord
sympathetic consideration to a request by a developing
country Member for such an extension. If the parties
do not agree to such an extension, the developing country
Member may have recourse to paragraph 10 of Article
12. |
Jordan
TN/DS/W/43
|
New paragraph 12: A request for consultations
may be withdrawn at any point of time and shall be effective
from the date of submitting a written notification thereof
to the DSB. A request for consultations shall be deemed
to have been withdrawn by the complaining party if that
Party has not submitted a request for the establishment
of a panel within ( ) months after the date of receipt
of the request. |
Least
Developed Countries
TN/DS/W/17
|
Amend paragraph 10: During consultations
Members should give special attention to the particular
problems and interests of developing countries Members
especially those of least-developed country Members. |
| |
| Article
5: Good Offices, Conciliation, Mediation |
Jordan
TN/DS/W/43
|
Amend Paragraph 1: In disputes involving
developing country or least developed country Members,
such procedures shall be mandatory. |
Jordan
TN/DS/W/43 |
Amend Paragraph 3: Good offices,
conciliation or mediation may be requested at any time
by any party to a dispute. They may begin at any time
and be terminated at any time and shall be subject to
agreed terms of reference. On no account may such procedures
exceed a maximum period of 60 days. |
Jordan
TN/DS/W/43 |
Amend Paragraph 4: If one of the
parties is a developing or a least developed country
Member, procedures for good offices, conciliation or
mediation shall continue while the panel process proceeds
unless both parties agree otherwise. |
Paraguay
TN/DS/W/16
|
Amend Paragraph 1: Good offices,
conciliation and mediation are procedures that are undertaken
voluntarily if the parties to the dispute so agree.
In disputes involving developing country Members, and
at the request of any of the parties, such procedures
shall be mandatory. |
Paraguay
TN/DS/W/16
|
Amend Paragraph 3: Good offices,
conciliation or mediation may be requested at any time
by any party to a dispute. They may begin at any time
and be terminated at any time. On no account may
such procedures exceed a maximum period of 90 days. |
Paraguay
TN/DS/W/16
|
Amend Paragraph 4: Once procedures
for good offices, conciliation or mediation are terminated,
a complaining party may then proceed with a request
for the establishment of a panel. If the parties
to a dispute agree, and if one of the parties is a developing
country Member, procedures for good offices, conciliation
or mediation shall continue while the panel process
proceeds. |
Paraguay
TN/DS/W/16
|
Remove Paragraph 5 |
Paraguay
TN/DS/W/16
|
New Paragraph 7: The use of the
procedures under this Article as a means of promptly
settling trade disputes that arise between Members and
of maintaining the balance between the rights and obligations
of Members shall be encouraged. |
| |
| New
Article 5bis: Questions of Interpretation |
Jordan
TN/DS/W/43
|
Article 5 bis Questions of Interpretation
1. Parties and third parties to a dispute may
at any stage of the proceedings refer questions of
interpretation to the General Council in accordance
with this Article.
2. Question(s) shall be laid before the General
Council by means of a written request containing an
exact statement of the queries upon which the interpretation
is requested, accompanied by all documents likely
to assist in addressing and answering the question(s).
3. The Secretariat shall promptly give notice
of the request for an interpretation to other Members
who may have a substantial interest in the outcome
thereof.
4. Parties to the dispute, third parties and
Members with substantial interest, that have presented
written statements, shall follow the form, time-frame
and other guidelines set by the General Council for
this purpose.
5. Decisions of the General Council shall be
taken by a three-fourths majority of the vote cast. |
| |
| Article
6: Establishment of Panels |
Canada
TN/DS/W/49 |
Amend paragraph 1: If the complaining
party so requests, the DSB shall establish
a panel at the meeting shall be established at
the latest at the DSB meeting following that at
which the request first appears as an item on the
DSB's agenda, unless at that meeting the DSB
decides by consensus not to establish a panel.(1)
__________________________________
(1) In the event
that the DSB decides not to establish a panel,
if the complaining party so requests, a meeting of
the DSB shall be convened for this the
purpose of making a subsequent request for panel
establishment within 15 days of the initial
request, provided that at least 10 days' advance notice
of the meeting is given. |
China
TN/DS/W/51/Rev.1
replaces
TN/DS/W/51 |
Amend paragraph 1 (retain existing footnote):
If the complaining party so requests(new footnote),
a panel shall be established at the latest at the
DSB meeting following that the DSB shall establish
a panel at the meeting at which the request first
appears as an item on the DSB's agenda, unless
the DSB decides by consensus not to establish a panel.
_______________________
(new footnote) In
a case involving a complaint against a developing-country
Member, if the developing-country Member requests,
the establishment of a panel shall be postponed at
the DSB meeting following that at which the request
first appears as an item on the DSB's agenda.
|
EU
TN/DS/W/1
New
Second Footnote contained in TN/DS/W/38 (supporting
Japan's proposal TN/DS/W/32) |
Amend paragraph 1 (retain existing footnote):
If the complaining party so requests (new second
footnote), a panel shall be established at
the latest at the DSB meeting following that the
DSB shall establish a panel at the meeting at
which the request first appears as an item on the
DSB's agenda, unless at that meeting the DSB
decides by consensus not to establish a panel.
___________
(new second footnote)
In a case involving a complaint against a developing
country Member, the complaining party shall accord
sympathetic consideration to a request from that Member
to postpone the establishment of a panel due to particular
circumstances. |
EU
TN/DS/W/1 |
New paragraph 3: A request
for the establishment of a panel may be withdrawn
at any point of time by the complaining party before
the issuance of the final report. If the request is
withdrawn, the authority for establishment of the
panel shall lapse. |
Jordan
TN/DS/W/53
replaces
TN/DS/W/43 |
New paragraph 3: A
request for the establishment of a panel my be withdrawn
by the complaining party at any time prior to the composition
of the panel. |
Mexico
TN/DS/W/40 |
Add to paragraph 2: If the complaining
Member requests the panel to take actions under Articles
12.6 bis and 12.6 ter, it shall explain why one or more
of the measures at issue are causing or threatening
to cause damage difficult to repair. It shall also indicate
what actions might stop or counteract the damage or
threat thereof, including the actions it intends to
take, as well as the expected trade impact of such actions. |
Japan
TN/DS/W/32 |
Amend paragraph 1: If the complaining
party so requests (new footnote), a panel
shall be established at the latest at the DSB meeting
following that the DSB shall establish a panel
at the meeting at which the request first appears
as an item on the DSB's agenda, unless the DSB decides
by consensus not to establish a panel.
_________
(new footnote) In
a case involving a complaint against a developing
country Member, the complaining party shall accord
sympathetic consideration to a request from that Member
to postpone the establishment of a panel due to particular
circumstances. |
Japan
TN/DS/W/32
|
New footnote in paragraph 1 after word "requests":
|
| |
| Article
7: Terms of Reference of Panels |
Mexico
TN/DS/W/40
|
Add to paragraph 1: If so requested,
the panel shall also determine the level of nullification
or impairment and may take actions under Articles 12.6
bis and 12.6 ter. |
Kenya
TN/DS/W/42
|
Add new paragraph 4: Where a developing
or least-developed country Member is a party to any
dispute under this Understanding, the panels, in consultation
with relevant development institutions where necessary,
shall consider and make specific findings on the development
implications of the issues raised in the dispute and
shall specifically consider any adverse impact that
findings may have on the social and economic welfare
of the developing or least-developed country Member.
The DSB shall fully take those findings into account
in making its recommendations and rulings. |
Kenya
TN/DS/W/42
|
Add new paragraph 5: This Understanding
is an important mechanism for achieving the development
objectives of the WTO Agreement. Accordingly, the findings
of the panels and the Appellate Body, and the recommendations
and rulings of the DSB shall fully take into account
the development needs of developing and least-developed
country Members. The General Council shall review this
Understanding every five years in order to consider
and adopt appropriate improvements to ensure the achievement
of the development objectives of the WTO Agreement. |
Haiti
TN/DS/W/37
|
Add new paragraph 4: Where a least-developed
country Member is party or a third party to any dispute
under this Understanding, the panels shall consider
and make specific findings on the development implications
of the issues raised in the dispute and shall specifically
consider any adverse impact that findings may have on
the social economic welfare of the least developed country
Member. The DSB shall fully take those findings into
account in making its recommendations and rulings. |
| |
| Article
8: Composition of Panels |
Chile
and the US TN/DS/W/89 and W/52
US TN/DS/W/82
|
Amend paragraph 2: Panel members
should be selected with a view to ensuring the independence
of the members, expertise to examine the matter
at issue in the dispute, a sufficiently diverse
background and a wide spectrum of experience.
|
EU
TN/DS/W/1 |
New paragraph 3: A request
for the establishment of a panel may be withdrawn
at any point of time by the complaining party before
the issuance of the final report. If the request is
withdrawn, the authority for establishment of the
panel shall lapse. |
Jordan
TN/DS/W/53
replaces
TN/DS/W/43
|
Amend paragraph 10: In disputes
involving developing-country Members and/or least-developed
country Members the following shall be applicable:
(a) When a dispute is between a developed-country
Member and a developing-country Member the panel shall,
if the developing country Member so requests,
include at least one panelist from a developing-country
Member should the latter request same within (85)
days from the establishment of the panel.
(b) When a dispute is between a least-developed
country Member and a developed-country Member the
panel shall include one panelist from a least-developed
country Member should the latter request same within
(5) days from the establishment of the panel.
(c) When a dispute is between a developing-country
Member and a least-developed country Member the panel
shall include a panelist from a developing-country
Member or a least-developed country Member should
either one or both request same within (5) days from
the establishment of the panel.
|
Canada
TN/DS/W/41
|
Amend paragraph 1: Panels shall be
composed of well-qualified governmental and/or non-governmental
individuals with demonstrated expertise in law, international
trade and the subject matter of the covered agreements
generally, including persons who have served on or presented
a case to a panel, served as a representative of a Member
or of a contracting party to GATT 1947 or as a representative
to the Council or Committee of any covered agreement
or its predecessor agreement, or in the Secretariat,
taught or published on international trade law or policy,
or served as a senior trade policy official of a Member. |
Canada
TN/DS/W/41
|
Amend paragraph 4: To assist in the
selection of panelists, the Secretariat shall maintain
a panel roster of governmental and non-governmental
individuals possessing the qualifications outlined in
paragraph 1, from which panelists may be drawn as appropriate.
Each Member may nominate one individual, who may or
may not be a national, for placement on the roster.
In nominating an individual, each Member shall provide
a statement of qualifications that identifies the nominee’s
capabilities and capacity to serve as a panelist in
reference to the qualifications outlined in paragraph
1. A committee composed of the Chairs of the General
Council, the DSB and the Goods, Services and TRIPS councils,
will examine the nominations and accompanying qualification
statements to verify that the nominees meet the requisite
level of expertise to serve as a panelist. On completion
of the selection process, the Committee will submit
the roster to the General Council for approval. Approved
individuals will remain on the roster for five years
and may be reappointed for one more five-year term on
approval by the General Council. In the event of an
individual’s resignation or inability otherwise
to serve, the nominating Member may submit a replacement
nominee for consideration, through the above process.
The WTO Secretariat shall maintain the qualification
statements of individuals on the roster and ensure access
to this information by the Membership. |
Canada
TN/DS/W/41
|
Amend paragraph 6: The Secretariat
shall propose nominations for the panel to the parties
to the dispute drawn from the panel roster. The parties
to the dispute shall not oppose nominations except for
compelling reasons. Parties may also propose individuals
for service on the panel. |
Canada
TN/DS/W/41
|
Amend paragraph 7: If there is no
agreement on the panelists within 15 days after the
date of the establishment of a panel, at the request
of either party, the Director-General, in consultation
with the Chairman of the DSB and the Chairman of the
relevant Council or Committee, shall determine the composition
of the panel by appointing the panelists drawn from
the roster whom the Director-General considers most
appropriate in accordance with any relevant special
or additional rules or procedures of the covered agreement
or covered agreements which are at issue in the dispute,
after consulting with the parties to the dispute. Should
the Director-General determine that insufficient expertise
is available from the roster for a particular dispute,
the Director-General may appoint an individual other
than from the roster to serve as a panelist in that
dispute. The Chairman of the DSB shall inform the Members
of the composition of the panel thus formed no later
than 10 days after the date the Chairman receives such
a request. |
EU
TN/DS/W/38
replaces
TN/DS/W/1
|
New Article 8 (retain existing title):
1. Panels shall be composed of individuals included
on the roster of panelists established by the DSB.
The panelists shall be appointed by the DG on a random
basis within 5 days from the establishment of the
panel.
2. Notwithstanding paragraph 1, the parties may
agree at the time of the establishment of the panel
that panels may include up to two individuals from
outside the roster with particular expertise on the
subject matter of the dispute. The Chairman of the
panel shall always be an individual included on the
roster of panelists and will be appointed by the DG
on a random basis within 5 days from the establishment
of the panel. The parties may agree on the individuals
outside the roster to serve on the panel or request
the Director-General, in consultation with the parties
and the Chairman of the panel to nominate these individuals.
If no agreement has been reached on the panelists
from outside the roster or no request for their nomination
to the DG has been made within 10 days from the establishment
of the panel, at the request of a party, those members
of the panel shall be drawn from the roster by the
DG on a random basis.
3. The roster shall include a number of persons
as determined from time to time by the General Council.
The DSB shall include persons on the roster for six-year
terms and no person shall be re-appointed. However,
the terms for the initial inclusion on the roster
shall be either [three, four, five or six years],
with an equal number appointed for each period, as
determined by lot [and with those appointed for [three
or four] years eligible exceptionally for re-appointment
to six-year terms]. The roster should comprise persons
of recognized authority, with demonstrated expertise
in international trade law, economy or policy and
the subject matter of the covered agreements generally,
and/or past experience as a GATT/WTO panelist. It
shall be broadly representative of membership in the
WTO. All persons included on the roster shall stay
abreast of dispute settlement activities and other
relevant activities of the WTO.
4. Within three months after establishment of
the initial roster, the panelists included on the
roster shall draw up rules on conflict of interests
to be applicable to the permanent panelists in the
exercise of their duties and in determining their
suitability to serve in any particular dispute. Such
rules shall be drawn up in consultation with the Chairman
of the DSB and the Director-General, and submitted
to the DSB for adoption.
5. Panelists shall serve in their individual
capacities and not as government representatives,
nor as representatives of any organization. Members
shall therefore not give them instructions nor seek
to influence them as individuals with regard to matters
before a panel.
6. The panelists included on the roster may draw
up additional working procedures for panels as necessary
to the extent not already provided for in the DSU.
Such procedures shall be drawn up in consultation
with the Chairman of the DSB and the Director-General,
and submitted to the DSB for adoption.
7. Panelists shall be provided with appropriate
administrative and legal support as required.
8. The expenses of panelists shall be met from
the WTO budget in accordance with criteria to be adopted
by the General Council, based on recommendations of
the Committee on Budget, Finance and Administration.
|
Haiti
TN/DS/W/37
|
Amend paragraph 10: When a dispute
is between a developing-country Member and a developed-country
Member the panel shall include one panelist from a developing-country
Member, and if the developing-country Member so requests,
there shall be a second panelist from a developing-country
Member. |
Haiti
TN/DS/W/37
|
New paragraph 10(b): (b) When a dispute
is between a least-developed country Member and a developing
or developed country Member, the panel shall include
at least one panelist from a least-developed country
Member and if the least-developed country Member so
requests, there shall be a second panelist from a least-developed
country Member. |
Least
Developed countries
TN/DS/W/17
|
Amend paragraph 10: [(a)] When a
dispute is between a developing-country Member and a
developed-country Member the panel shall, if the
developing country Member so requests, include at
least one panelist from a developing-country Member,
and if the developing-country Member so requests,
there shall be a second panelist from a developing-country
Member.
(b) When a dispute is between a least-developed
country Member and a developing or developed country,
the panel shall include at least one panelist from
a least-developed country Member and if the least-developed
country Member so requests, there shall be a second
panelist from a least-developed country Member.
|
Thailand
TN/DS/W/31
|
New understanding on panel composition
(should require no new text):
The DSB will approve a ""Roster of Panel
Chairs"" comprised of individuals who may
be appointed as Chair of a Panel by lot. The number
of individuals on the Roster shall be adjusted according
to the level of demand for appointments from the Roster.
An indicative list of potential candidates for inclusion
in the Roster shall be prepared by the Director-General,
all of whom should have the particular qualifications,
experience and expertise as envisaged in Article 8
of the DSU, as well as prior experience as panelist;
and should be available to serve as a Chair upon request.
An individual listed in the Roster shall not be nominated
by the Secretariat to serve as a panelist pursuant
to Article 8.6 of the DSU. An individual listed in
the Roster may be included in a panel composed by
the Director-General pursuant to Article 8.7 of the
DSU, provided the individual is selected by drawing
lot.
As provided under Article 8 of the DSU, the parties
to a dispute may agree on a panel, or on individual
panelists, based on nominations proposed by the Secretariat
pursuant to Article 8.6 of the DSU.
18. If there is no agreement on the panelists within
20 days after the date of the establishment of a panel,
any of the parties to the dispute may make a request
to the Director-General to take the necessary action,
within 10 days of the date on which the request is
received, to:
(a) appoint the Chair of the panel, by drawing lot,
from the Roster of Panel Chairs mentioned in paragraph
6 above; or
(b) determine the composition of the panel as provided
for under Article 8.7 of the DSU, giving full effect
to the prior appointment of a Panel Chair and/or any
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