The WTO body responsible for managing the rules and procedures of the DSU is the Dispute Settlement Body (“DSB”). This institution is empowered to set up bodies, to adopt reports from panels and appeles, to monitor the implementation of judgments and recommendations and, in the event of non-transposition, to authorise the suspension of concessions and other obligations under WTO agreements. Article XXII provides that members “shall give sympathetic consideration” to all matters relating to the operation of the Agreement and provide an “appropriate opportunity for consultation” on such matters. Article XXIII provides that a Member may act in three types of circumstances if it considers that a benefit conferred on it directly or indirectly under the GATT is nullified or impaired or that the achievement of a GATT objective is impeded. “cancellation or impairment of benefits” is a specific approach to GATT/WTO dispute settlement. It reflects the main objective of the system to maintain the balance between concessions and benefits negotiated by members and does not contain the traditional concept of damages in the event of breach of contract. WTO DISPUTE SETTLEMENT UNDERSTANDING (1994) (OMC DSU) Joanna Gomula is a Fellow at the Lauterpacht Centre for International Law and Visiting Reader at the Centre for Commercial Law Studies, Queen Mary College, University of London, where she teaches WTO law in the International Trade and Investment Dispute Course. It carries out a publishing activity in the field of international economic law and international law. Ms. Gomula is held at Queen Mary College, the Diplomatic Academy in Vienna, the University of Nanterre in Paris, the University of Hong Kong and the University of Cardinal Stefan Wyszynski in Warsaw on WTO law. She is a member of the Editorial Board of the Global Community Yearbook of International Law and Jurisprudence. A woman. Gomula worked for several years in a large international law firm.
She holds a law degree from the University of Warsaw and the University of Michigan, as well as a Doctorate from the Polish Academy of Sciences. WTO SETTLEMENT UNDERSTANDING (1994) (WTO DSU) – SUMMARY of World Arbitration Reporter (WAR) – 2nd edition The Understanding on Rules and Procedures Governing the Contenting the Disputes (“DSU”) defines the rules and procedures for the verification of disputes between members of the World Trade Organization (WTO). It is set out in Annex 2 to the Marrakesh Agreement establishing the World Trade Organisation (`the WTO Agreement`), signed on 15 April 1994 and entered into force on 1 January 1995. Article II(2) of the WTO Agreement provides that Annexes 1, 2 and 3 thereof (see Section I(c)) are an integral part of the WTO Agreement and are binding on all Members. Therefore, all members are subject to the disciplines of the DSU. The WTO continues the system developed under the General Agreement on Tariffs and Trade of 30 October 1947 (“GATT 1947”). The GATT 1947 did not contain rules of procedure for the settlement of disputes between its contracting parties. In its text, it did not even use the term “dispute” and instead referred to “all matters relating to the functioning of the agreement”.
The two provisions of GATT 1947, which served as a basis for the future development of dispute settlement in the cases covered by the Agreement, were Articles XXII and XXIII. .