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Australia – Measures Affecting the Importation of Apples from New Zealand (WT/DS367)

Published online by Cambridge University Press:  12 December 2017

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Summary

INTRODUCTION

Request for Consultations

1.1 On 31 August 2007, New Zealand requested consultations with Australia pursuant to Article XXII of the General Agreement on Tariffs and Trade 1994 (“GATT 1994”), Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (“DSU”) and Article 11 of the Agreement on the Application of Sanitary and Phytosanitary Measures (“SPS Agreement”), concerning measures imposed by Australia on the importation of apples from New Zealand. Consultations were held in Geneva on 4 October 2007, but did not lead to a resolution of the dispute.

Establishment and Composition of the Panel

1.2 On 6 December 2007, New Zealand requested the Dispute Settlement Body (“DSB”) to establish a panel pursuant to Article 6 of the DSU, with standard terms of reference as set out in Article 7.1 of the DSU. At its meeting on 21 January 2008, the DSB established a Panel, pursuant to the request of New Zealand, in accordance with Article 6 of the DSU (WT/DSB/M/245).

1.3 The Panel's terms of reference are the following:

“To examine, in the light of the relevant provisions of the covered agreements cited by New Zealand in document WT/DS367/5, the matter referred to the DSB by New Zealand in that document, and to make such findings as will assist the DSB in making the recommendations or in giving the rulings provided for in those agreements.”

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Publisher: Cambridge University Press
Print publication year: 2011

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