Table of Contents

Trade and Competition Law in the EU and Beyond

Trade and Competition Law in the EU and Beyond

Edited by Inge Govaere, Reinhard Quick and Marco Bronckers

This well-documented book comprises a stellar cast of European and American authors delivering an overview of cutting edge issues in the areas of trade and competition law, arising in the EU and beyond.

Chapter 12: Consolidation of WTO Dispute Settlement Proceedings before Panels and the Appellate Body

Raimund Raith

Subjects: law - academic, competition and antitrust law, european law, international economic law, trade law

Extract

Raimund Raith* 12.1 INTRODUCTION The issue of consolidation of WTO Dispute Settlement Proceedings rose to a certain degree of prominence when the Appellate Body launched the process for amendments of the Working Procedures for Appellate Review (AB Working Procedures) in December 2009.1 The appellate procedure is laid out in Articles 17–18 of the Understanding on Rules and Procedures governing the Settlement of Disputes (DSU). Given the more general character of these provisions in the DSU, the Appellate Body has been obliged, pursuant to Article 17(9) of the DSU, to draw up working procedures. The process for drawing up its working procedures is a bit peculiar from a procedural point of view. While working procedures for panel procedures are set up on an ad hoc basis by each panel, AB Working Procedures apply to all appellate procedures in the same way. Therefore AB Working Procedures follow a more formal path. The Appellate Body consults the Dispute Settlement Body (DSB) chair on the intended modifications of the AB Working Procedures and the DSB chair in turn consults the membership in the DSB and conveys members’ views and comments back to the Appellate Body chair.2 The Appellate Body is not bound by members’ * The views expressed are those of the author and cannot be attributed to the European Commission. 1 Letter from the Appellate Body chairman to the chairman of the Dispute Settlement Body of 16 December 2009, document WT/AB/WP/W/10. 2 The DSB has adopted Additional Procedures for Consultations between...

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