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World Trade
Organization member countries are subject to trade regulations
that ensure open markets for goods bought and sold between nations.
When a member country accuses another of violating a rule, the
dispute is resolved through the WTO's multi-step resolution process.
When a country
is admitted to the WTO, it agrees to abide by that process, rather
than taking action on their own. As of August 2003, almost 300
disputes had been brought before the WTO since the resolution
system's inception eight years ago.
The WTO handles trade disputes differently from the trade body's
previous incarnation, the General Agreement on Tariffs and Trade.
Under GATT, all members -- including those involved in the dispute
-- had to agree on how to resolve a dispute, which meant that
a country involved in the dispute could block a ruling against
it.
The new system,
established in 1995, makes it impossible for a country to block
a ruling against it.
The WTO's
dispute resolution process aims to prevent cases from dragging
on indeterminately as they did under GATT, which had no fixed
timetable. Under the WTO, the process leading up to an initial
ruling takes one year. An appeal of the first ruling adds three
months to the process.
The
Dispute Resolution Process
When
a country files a complaint against another, the two WTO members
must try to work out their differences through negotiation before
taking their dispute to the trade body. Countries can ask the
WTO's director-general to facilitate this negotiation, known as
the consultation phase of the dispute resolution process.
If the two
countries are unable to settle their differences, the country
that brought the complaint can ask the Dispute Settlement Body
to establish a panel that will help the WTO issue a final ruling.
The Dispute Settlement Body is made up of all the members of the
WTO General Council, but it meets under different rules. The panels
usually have three members, chosen from both the public and private
sector. Developing countries involved in a dispute with a developed
country can request that one of the panelists be from another
developing country.
After hearing
from the countries involved in the dispute and possibly consulting
with expert witnesses, the panel issues a report assessing the
case. If the panel concluded that a country's trade policy did
violate a WTO agreement, the report recommends ways to change
the policy so it conforms to trade rules. The report then becomes
the Dispute Settlement Body's ruling unless all WTO members --
including all the countries involved in the suit -- agree to block
it.
Panel deliberations
are confidential and opinions that the individual panelists express
in their reports remain anonymous. However, panel reports are
made public and are available on the WTO's Web site.
When countries
disagree with the panel's ruling and are unable to persuade the
rest of the WTO to reject it, they can appeal the ruling. Between
1995 and 2000, countries appealed almost 80 percent of the 46
cases, according to a University of Michigan report.
Three members
of a permanent seven-member group hear each appeal. The international
trade experts composing that group serve four-year terms and are
not affiliated with any government. The appeal can keep, change
or reverse the original decision. The appeal is binding unless
there is a consensus among WTO members to reject it.
After
the Ruling: Implementing Changes or Dealing with Sanctions
Trade
sanctions are not imposed immediately after a panel decides that
a member country was violating a WTO rule. Instead, within 30
days of the ruling, the country that was in violation meets with
the WTO and explains how it will change its policies to comply
with the rules. If the country cannot comply immediately, the
trade body allows the country to ask for a "reasonable period
of time" in which to make the necessary changes. According
to a report from Australia's Adelaide University, that "reasonable
period" usually ranges from three to 15 months.
When a country
doesn't change its policies after a ruling against it, it must
enter into discussions with the country that brought the complaint.
If the two countries cannot agree on a tariff reduction or another
way to compensate the country that brought the suit, that country
can ask the dispute settlement body to impose trade sanctions
against the country found to be in violation.
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By Karyn Schwartz, Online NewsHour
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