WTO Dispute Settlement Mechanism(3)/刘成伟(35)
【NOTE】:
1. See, WT/DS22/AB/R/ VI.
2. See, WT/DS34/R/9.22-9.24.
3. See, WT/DS46/R/7.9-7.10.
4. See, WT/DS46/AB/R/132.
5. Supra. note 1.
6. See, WT/DS146/R; WT/DS175/R/7.65.
Section Four
The Mandate of Compliance Panels: Art. 21.5
I Introduction
In the WTO context, members may initiate a normal panel procedure under Art. 6.2 of the DSU. Furthermore, they may also initiate a compliance panel proceeding under Art. 21.5 of the DSU which reads as:
“Where there is disagreement as to the existence or consistency with a covered agreement of measures taken to comply with the recommendations and rulings such dispute shall be decided through recourse to these dispute settlement procedures, including wherever possible resort to the original panel. The panel shall circulate its report within 90 days after the date of referral of the matter to it. When the panel considers that it cannot provide its report within this time frame, it shall inform the DSB in writing of the reasons for the delay together with an estimate of the period within which it will submit its report.”
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