Book contents
- Frontmatter
- Contents
- Australia - Subsidies Provided to Producers and Exporters of Automotive Leather (WT/DS126): Report of the Panel
- European Communities Measures Concerning Meat and Meat Products (Hormones) Complaint by the United States (WT/DS26): Decision by the Arbitrators (under Article 22.6 DSU)
- European Communities Measures Concerning Meat and Meat Products (Hormones) Complaint by Canada (WT/DS48): Decision by the Arbitrators (under Article 22.6 DSU)
- Brazil - Export Financing Programme for Aircraft (WT/DS46): Report of the Appellate Body
- Brazil - Export Financing Programme for Aircraft (WT/DS46): Report of the Panel
- Canada - Measures Affecting the Export of Civilian Aircraft (WT/DS70): Report of the Appellate Body
European Communities Measures Concerning Meat and Meat Products (Hormones) Complaint by Canada (WT/DS48): Decision by the Arbitrators (under Article 22.6 DSU)
Published online by Cambridge University Press: 22 December 2017
- Frontmatter
- Contents
- Australia - Subsidies Provided to Producers and Exporters of Automotive Leather (WT/DS126): Report of the Panel
- European Communities Measures Concerning Meat and Meat Products (Hormones) Complaint by the United States (WT/DS26): Decision by the Arbitrators (under Article 22.6 DSU)
- European Communities Measures Concerning Meat and Meat Products (Hormones) Complaint by Canada (WT/DS48): Decision by the Arbitrators (under Article 22.6 DSU)
- Brazil - Export Financing Programme for Aircraft (WT/DS46): Report of the Appellate Body
- Brazil - Export Financing Programme for Aircraft (WT/DS46): Report of the Panel
- Canada - Measures Affecting the Export of Civilian Aircraft (WT/DS70): Report of the Appellate Body
Summary
INTRODUCTION
On 20 May 1999, Canada, pursuant to Article 22.2 of the DSU, requested the Dispute Settlement Body (“DSB”) to authorize the suspension of the application to the European Communities (“EC”) and its member States of tariff concessions covering trade in an amount of CDN$ 75 million per year. In a letter dated 2 June 1999, the EC objected to the level of suspension proposed by Canada and requested that the matter be referred to arbitration. In its submissions, the EC quantified the level of trade impairment caused by the hormone ban on Canadian bovine meat and meat products at a maximum of CDN$ 3,537,769. The EC also asked that the arbitrators request Canada to submit a list with pro-posed suspension of concessions equivalent to the level of nullification or impairment, once this level had been determined by the arbitrators.
At its meeting of 3 June 1999, the DSB - referring to both the Canadian and the EC request -noted that, pursuant to Article 22.6 of the DSU, the matter shall be referred to arbitration. Article 22.6 provides as follows:
“When the situation described in paragraph 2 occurs [if the Member concerned fails to bring the measure found to be inconsistent with a covered agreement into compliance therewith or otherwise comply with the recommendations and rulings within the reasonable period of time determined pursuant to paragraph 3 of Article 21], the DSB, upon request, shall grant authorization to suspend concessions or other obligations within 30 days of the expiry of the reasonable period of time unless the DSB decides by consensus to reject the request. However, if the Member concerned objects to the level of suspension proposed … the matter shall be referred to arbitration. Such arbitration shall be carried out by the original panel, if members are available, or by an arbitrator appointed by the Director-General and shall be completed within 60 days after the date of expiry of the reasonable period of time. Concessions or other obligations shall not be suspended during the course of the arbitration”.
- Type
- Chapter
- Information
- Dispute Settlement Reports 1999 , pp. 1135 - 1160Publisher: Cambridge University PressPrint publication year: 2001
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