Australia and WTO Dispute Settlement
US/Canada - Continued Suspension of Obligations in the EC Hormones Dispute
United States - Continued Suspension of Obligations in the EC - Hormones Dispute (WT/DS320)
Canada - Continued Suspension of Obligations in the EC - Hormones Dispute (WT/DS321)
Questions to third parties
19 September 2005
To all third parties :
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Could the parties and third parties comment on the last sentence of para. 11 of China's oral presentation?
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In a post-retaliation phase, please indicate how an Article 21.5 procedure would function if initiated by the Member who has notified a compliance measure (the original defendant). In particular:
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who would be the complainant?
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what would be the complaint?
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who would be the responding party?
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Having regard to Australia's statements in paragraphs 4, 5 and 6 of its oral presentation, can the presumption of good faith implementation/consistency of the implementing measure override the DSB authorization for suspension of obligations? Please elaborate.
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Other than an Article 21.5 panel procedure, is there any other procedure the Member claiming compliance can invoke in order to seek a multilateral determination of actual compliance?
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In a situation where the original complainant maintains the suspension of concessions and does not initiate an Article 21.5 procedure after notification of a compliance measure by the original respondent, does it commit a WTO violation? If so, what would be the violation? If not, can the original complainant maintain indefinitely the suspension of concessions?
To Brazil :
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In paragraph 15 of its oral statement Brazil states "the authorization for a Member to maintain the suspension of these concessions can only be revoked by a DSB determination of compliance regarding the measure that may subsequently have been adopted by the implementing Member".
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What is the textual or other basis for this assertion?
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In the absence of such a revocation, doe the authorization remain in place sine die?
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What are the obligations, if any, of a Member who has been authorized to suspend concessions once the implementing Member has notified its implementation measure? Can it simply ignore the new measure and continue to apply sanctions indefinitely?
- What is the legal basis under the current DSU to prevent the suspension of concessions for an indefinite period of time?
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To China :
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China states at the end of paragraph 2 of its oral presentation that "[w]hen no agreement is reached between the parties as to whether the conditions above have been met, the parties must invoke the DSB to make a determination". Please explain how China reaches that conclusion.
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In paragraph 3 of its oral presentation, China says "[t]he DSB-authorized suspension of concessions shall be applied until the DSB makes a new determination on the authorization of suspension of concessions". Please explain how China reaches this conclusion.
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China argues that the Panel should set a time limit for the initiation of compliance proceedings. Please explain how this can be justified.
Parties and third parties should feel free to comment on questions addressed to other parties.