//*********************************************************
//                   
//*********************************************************/

// number of chapters & pages
var num_chapters = 13;
var chapter_details_array = [ // pages per chapter, chapter name
					[1, "Preface"],                           // introduction
				  	[9, "Introduction to the WTO dispute settlement system"],    // chapter 1 
				  	[2, "Historic development of the WTO dispute settlement system"], // chapter 2
				  	[7, "WTO Bodies involved in the dispute settlement process"],                         // chapter 3
				  	[8, "Legal basis for a dispute"],   // chapter 4
				  	[6, "Possible object of a complaint — Jurisdiction of Panels and the Appellate Body"], // chapter 5
				  	[23, "The process — Stages in a typical WTO dispute settlement case"],                 // chapter 6
				  	[3, "Legal effect of panel and appellate body reports and DSB recommendations and rulings"], // chapter 7
				  	[4, "Dispute Settlement without recourse to Panels and the Appellate Body"],                       // chapter 8
				  	[3, "Participation in dispute settlement proceedings"],      // chapter 9
				  	[9, "Legal issues arising in WTO dispute settlement proceedings"],                   // chapter 10
					[4, "Developing countries in WTO dispute settlement"],
					[4, "Evaluation of the WTO dispute settlement system: results to date"],
					[1, "Further information"]
				    ];

// arrays of questions for the quiz 
// each array item consists of the following fields: 
//   - the chapter to which the question belongs, 
//   - the question, 
//   - the number of the correct answer (starting from 1), 
//   - the page containing the explanation of the answer to the question, 
//   - the answers in order
var question_array = new Array();
question_array[1] = [1, "A panel has been requested to examine a dispute about an alleged violation of Article 3 of the SCM Agreement. All three panel members believe it is not obvious that the challenged measure violates Article 3, however, the question of the existence or absence of a violation depends on the correct interpretation of Article 3. What should the panel do?", 4, "c1s3p2_e.htm", "The panel is not permitted to interpret Article 3 and must dismiss the complaint, as the exclusive authority to adopt interpretations of the WTO Agreement rests with the Ministerial Conference and the General Council (Article IX:2 of the WTO Agreement).", "The panel may proceed to an interpretation of Article 3, but it must consult the chairperson of the Committee on Subsidies and Countervailing Measures.", "The panel may proceed to an interpretation of Article 3 and, in that process, it must always give decisive weight to the negotiating history of Article 3.", "The panel is entitled and obliged to clarify the meaning of Article 3 by interpreting that provision in accordance with the customary rules of interpretation of public international law."];
question_array[2] = [1, "WTO Members A and B conclude a compromise, according to which a specific WTO dispute between A and B is to be resolved by the International Court of Justice in the Hague and according to the procedures set out in its Statute. Are A and B permitted to do so?", 1, "c1s3p3_e.htm", "For disputes under the covered agreements, Article 23.1 of the DSU mandates recourse to the WTO dispute settlement system and therefore does not permit the use of other procedures for resolving WTO disputes.", "The Statute of the International Court of Justice does not permit States to decide that the Court is competent.", "The priority of the WTO dispute settlement system is to secure a positive solution, if possible through a negotiated agreement. The negotiated agreement can also provide for any particular form of adjudication of the dispute.", "A and B may take their dispute to the International Court of Justice, but they need the approval of the DSB who would decide by consensus."];
question_array[3] = [1, "WTO Member A believes that WTO Member B has violated WTO law. A and B are also signatories to a bilateral international agreement on student exchange. A therefore suspends - in proportionate amount - entry visas allocated to students from B. What can B do?", 4, "c1s3p3_e.htm", "If A has truly violated WTO law, it will have to accept the suspension of entry visas because this suspension is justified under international law as a countermeasure against A’s breach.", "B cannot have recourse to the WTO dispute settlement system, as this system is applicable only to disputes brought pursuant to the consultations and dispute settlement provisions of one of the covered agreements.", "B can only have recourse to the forum of dispute resolution provided for in the agreement on student exchange.", "B can bring a WTO dispute against A on the basis of Article 23 of the DSU. A has made a unilateral determination on the question of a WTO violation."];
question_array[4] = [1, "WTO Member A has lost the case it brought against Member B because the panel and the Appellate Body have not accepted A’s legal interpretation of the agreement concerned and have concluded that B’s measure did not violate the WTO Agreement. A insists on its reading and recalls that panels and the Appellate Body must not diminish the rights of WTO Members. May A now impose unilateral sanctions against B despite the adoption of the reports?", 3, "c1s3p3_e.htm", "Panel and Appellate Body reports change the rights and obligations of Members under the WTO Agreement. If the reports have concluded that no violation has occurred, then this is the law from now on, and unilateral sanctions are illegal.", "Panel and Appellate Body reports are not able to add to or diminish rights and obligations under the WTO Agreement. Therefore, if A’s legal interpretation is correct, it may suspend obligations vis-à-vis B. If B objects it can have a different panel and the Appellate Body clarify the correct interpretation of the provisions at issue.", "Panel and Appellate Body reports must not add to or diminish the Members’ rights and obligations. However, the extent of the rights and obligations is to be clarified in the dispute settlement system. Therefore, A may not make any unilateral determination that a violation has occurred. It also may not suspend obligations unilaterally.", "A must not apply unilateral sanctions, but it has a second chance:  it can request a compliance panel to examine, pursuant to Article 21.5 of the DSU, whether B’s measure truly complies with WTO law."];
question_array[5] = [1, "The rubber industry of the WTO Member Elastia faces a trade barrier in Hardia, where the ministry of the economy has just introduced new safety standards for products made of natural rubber. The rubber industry believes that these standards are incompatible with WTO law and would like to know what it can undertake?", 4, "c1s4p1_e.htm", "The rubber industry may bring a complaint in the WTO dispute settlement system by requesting consultations with the government of Hardia, after which a panel may be established to review the matter.", "The rubber industry cannot bring a complaint in the WTO dispute settlement system in its own name, but it can initiate judicial proceedings before the domestic courts of Hardia, which must refer the matter to the Appellate Body of the WTO for a preliminary ruling on the question of WTO law. In that Appellate Body proceeding, the rubber industry would be a formal participant.", "The rubber industry may lobby its own government to bring a dispute before the WTO. If this happens, the rubber industry can become a third party in the panel and Appellate Body proceedings.", "The rubber industry may lobby its own government to bring a dispute before the WTO. If a WTO dispute gets under way, the government may be ready to coordinate the legal submissions with the rubber industry and might even allow representatives of the rubber industry to attend the panel and Appellate Body hearings as part of its delegation. The rubber industry may also file an amicus curiae submission."];
question_array[6] = [1, "A non-governmental organization that is concerned with environmental issues has a strong interest in an ongoing WTO dispute. Is there any way it can participate in the dispute settlement proceedings?", 3, "c1s4p1_e.htm", "The non-governmental organization cannot be a party in the dispute settlement proceedings, but it can become a third party by notifying the DSB of its substantial interest.", "The non-governmental organization can file a so-called amicus curiae brief to the panel or Appellate Body, which is obliged to consider the content of that submission in its decision-making.", "Under the current (controversial) practice, the non-governmental organization can file an amicus curiae submission, which the panels or the Appellate Body may consider, without any obligation to do so.", "The proceedings are confidential, so the non-governmental organization cannot attend the panel or Appellate Body hearings, nor is there any other form of contribution it can make to the dispute under the current practice."];
question_array[7] = [1, "What does special and differential treatment mean and where does it exist in the dispute settlement system?", 4, "c1s6p1_e.htm", "Special and differential treatment refers to additional rules on dispute settlement applying to specific disputes under specific covered agreements.", "Special and differential treatment in dispute settlement means that, for the first ten years of the operation of the dispute settlement system, no WTO Member may bring a dispute against a least-developed country Member.", "Special and differential treatment refers to rules applying only to developing country Members, but they only exist in the other covered agreements, not in the DSU.", "Special and differential treatment refers to rules applying only to developing country Members. Such rules exist at all stages of dispute settlement, from consultations to implementation."];
question_array[8] = [4, "In a dispute about services, the panel is about to finalize its findings and believes that the respondent has violated its obligations under GATS. In its submissions and oral statements, the respondent has argued, among other things, that its measure, even if it were found inconsistent with GATS, does not nullify or impair any benefits. The complainant has not put forward any arguments in this regard. What should the panel do?", 3, "c4s4p1_e.htm", "The panel should dismiss the complaint, as the complainant has failed to argue and prove that, in addition to infringing GATS obligations, the measure also nullifies or impairs benefits.", "According to Article 3.8 of the DSU, there is a presumption of nullification or impairment where the panel establishes a violation. The question is, therefore, whether the respondent has rebutted this presumption. This is not the case if it has merely asserted the lack of nullification or impairment.", "For a violation complaint to succeed under GATS, there is no requirement of nullification or impairment. The panel, therefore does not have to inquire into the question of nullification or impairment, nor is there any need to apply Article 3.8 of the DSU.", "Although Article 3.8 of the DSU appears to allow the respondent to rebut the presumption of nullification or impairment, the jurisprudence under of GATT 1947 and the WTO has made clear that a rebuttal is not possible under any circumstances whatsoever."];
question_array[9] = [4, "Two WTO Members that are also signatories to a regional integration agreement with a dispute settlement system have a controversy about a technical standard. The technical standards falls simultaneously under both the regional trade agreement and the WTO Agreement (in particular, the TBT Agreement and Article III of GATT 1994). Is it possible to initiate WTO dispute settlement proceedings right away?", 4, "", "No. The dispute settlement system of the regional trade agreement has priority. The DSB will reject any request for the establishment of a panel until the regional procedure is completed.", "Yes. Dispute settlement systems under regional trade agreements are available only after the completion of the WTO procedure. The complainant must thus always start by bringing its complaint to the WTO.", "Yes. The complainant can start with either forum for initiating the dispute, but it can only use one of the two and it must choose. This is to avoid contradictory outcomes in two separate disputes.", "Yes. As far as dispute settlement is concerned, the two systems are separate and independent one from another. Under each dispute settlement system the adjudicatory body would decide according to the rules governing that system."];
question_array[10] = [5, "The WTO Member Protectio has enacted legislation according to which its customs services are authorized (but not obliged) to apply tariffs up to triple the level bound in Protectio’s schedule of commitments. Can Tramontana challenge this law in a violation complaint based on Article II of GATT 1994?", 3, "c5s5p1_e.htm", "It is not possible to challenge laws as such in the WTO dispute settlement system. What matters is the treatment actually accorded to goods as they arrive at the border of another WTO Member.", "Yes, Article XVI:4 of the WTO Agreement obliges Members to put all their laws into conformity with the WTO Agreement. This law is not in conformity with the WTO Agreement.", "The legislation grants discretion to the executive branch to act inconsistently with the WTO Agreement. Such a law cannot be challenged successfully as such, independently of the actual application of the law. Tramontana has to wait until tariffs in excess of the bound levels are actually imposed.", "Normally, only mandatory laws can be challenged as such in a violation complaint. The present law has a chilling effect on international trade, although it is discretionary. In all such cases, discretionary laws may be challenged as such."];
question_array[11] = [5, "The WTO Member Lamentio has enacted legislation stipulating that, as of January of the following year, imports are only permitted up to the value for which the importer exports products. Can the WTO Member Liberta challenge the law in the WTO dispute settlement system?", 4, "c5s5p1_e.htm", "Given the link to the value of exports, the law is not mandatory and, therefore, can only be challenged once it is actually applied inconsistently with WTO obligations.", "The law is not yet in effect, it therefore so far cannot be said to exist. There is simply no object that can be challenged.", "The law already exists, but prior to its coming into effect, it does not have any impact on trade. No nullification or impairment can result from the measure until it is actually effective. Lamentio must therefore wait until January of the following year before initiating dispute settlement proceedings, lest it should lose the case.", "The entry into force is automatic at a future date and does not depend on further legislative action. The law already has an impact on trade because it affects decisions on future transactions."];
question_array[12] = [5, "The United Counties is a federally structured State and a Member of the WTO, whose sub-federal level of government - the counties - enjoy far-reaching autonomy from the central government. In one of the counties, an administrative county tribunal has ordered the payment of a tax which the WTO Member Florania considers discriminatory and WTO-inconsistent. The central government of the United Counties affirms that it cannot intervene because, first, it cannot interfere with the any act taken by a county and, second, it cannot intervene against the act of the independent judiciary. Can Florania challenge the order of the county tribunal in the WTO dispute settlement system?", 3, "c5s4p1_e.htm", "Florania cannot challenge the tribunal’s order, as the judiciary is independent. Therefore the United Counties is not responsible for the WTO violation.", "Florania cannot challenge the tribunal’s order, because the tribunal belongs to a branch of the county government and the central government has no possibility to intervene in order to remedy the WTO violation.", "A WTO Member is, in principle, responsible for all the subdivisions of governmental power on its territory. Florania can also bring a WTO dispute, but if it wins, the United Counties only owes reasonable measures as may be available to it to ensure observance of WTO law. The rules on compensation and the suspension of obligations apply fully.", "A WTO Member is fully responsible for all the subdivisions of governmental power on its territory, the internal structure of a State is an internal matter without any effect on the rights and obligations under the WTO Agreement, which is an international agreement. Florania can therefore challenge the measure under exactly the same conditions as if any other branch of government had acted."];
question_array[13] = [6, "Patria requests Tramontana to hold consultations under Article XXII of the GATT 1994 and Article 4.2 of the DSU regarding a governmental directive obliging television stations to broadcast national films during at least one half of the viewing time. May Tramontana refuse to accept that request on the basis of the argument that services, such as broadcasting, are not regulated by the GATT 1994?", 2, "c6s2p2_e.htm", "If the parties cannot agree on whether the matter falls under the covered agreement invoked, any of the parties may refer the matter to the DSB where a decision will be made as to whether Tramontana must engage into consultations.", "WTO Members have a duty to consult under Article 4.2 of the DSU with any WTO Member that claims that the operation of any covered agreement is affected or that benefits under that agreement are nullified. The very purpose of the dispute settlement proceedings is to determine whether these claims are justified.", "Patria is entitled to invoke the dispute settlement provisions of GATT 1994 only in relation to matters that relate to goods. If there is no goods dimension, the request for consultation that invokes exclusively GATT 1994 is invalid and Tramontana may ignore it.", "When parties cannot agree on whether the dispute settlement system has been properly invoked, they must have recourse to the Director-General of the WTO who will offer his good offices, conciliation or mediation."];
question_array[14] = [6, "Liberta initiates dispute settlement proceedings against Protectio in relation to a ban on agricultural products produced with fertilizers. Protectio considers that a WTO dispute would make the issue between Liberta and Protectio harder to resolve, not easier. Can Protectio invoke Article 3.7 of the DSU in the DSB or before the panel and argue that the complaint is inadmissible? Both Liberta and Protectio are WTO Members.", 3, "c6s2p1_e.htm", "Before establishing a panel, the DSB will review the question of whether bringing the case is fruitful. If the DSB comes to a negative result it will refrain from establishing a panel.", "Given the negative consensus rule, the DSB cannot but establish the panel. The panel, however, will dismiss the complaint if it considers the case not to be fruitful.", "Article 3.7 of the DSU entrusts the complainant with the responsibility of deciding whether it considers the case to be fruitful. Under normal circumstance, neither the DSB nor the panel will review this question.", "Because the aim of the dispute settlement system is to secure a positive solution, the parties are obliged to make use of the Director-General’s conciliation services, where the respondent invokes Article 3.7 of the DSU, before proceeding to a panel."];




question_array[15] = [6, "Patria held bilateral consultations with Tramontana on seasonal apple import restrictions without notifying the DSB. These consultations failed to produce a satisfactory result. After two months, Patria requests the DSB to establish a panel. Tramontana opposes the request arguing that the consultations were held informally and not under Article 4 of the DSU. Should the DSB establish the panel?", 1, "c6s2p1_e.htm", "The DSB may refer a matter to a panel only if consultations were sought and notified to the DSB in accordance with Article 4 of the DSU.", "Since consultations are bilateral and confidential, it does not make any difference whether they were held informally or formally within the framework of the DSU.", "Article 4 of the DSU requires a formal notification of a request for consultations to the DSB, but it is sufficient if Patria now notifies the DSB orally, after which the DSB can immediately proceed to the establishment of the panel.", "The DSB should establish the panel according to the normal procedures and leave it to the panel to decide whether the prerequisite of prior consultations was met."];

question_array[16] = [6, "Patria asks for the establishment of a panel to examine Tramontana’s policy of not permitting any foreign investments. Tramontana claims that its investment policies fall outside the framework of any of the covered agreements and that the panel should not be established. How should the DSB react?", 2, "c6s3p1_e.htm", "The DSB can ask the Appellate Body for an advisory opinion about the question whether the matter falls under the covered agreements.", "The DSB must establish the panel at the latest at the second meeting at which the request was made, unless it decides by consensus not to do so. If the panel is established, it will examine whether the matter falls within the framework of the covered agreement invoked.", "If the applicability of the WTO Agreement is in dispute, the DSB establishes panels by positive consensus to make sure that there is broad support for the ongoing dispute settlement process.", "Pursuant to Article 1.1 of the DSU, the dispute settlement system only applies to matters falling under one or more of the covered agreements. If the investment measure at issue does not fall under the WTO Agreement, the dispute settlement system does not apply and the DSB has no authority to act."];

question_array[17] = [6, "A panel was established to examine a complaint by Patria against Tramontana. The WTO Secretariat proposed successively 21 different persons as panelists but Tramontana refused to accept any of them. What can Patria do?", 3, "c6s3p2_e.htm", "After 30 days from the establishment of the panel, Patria can request the chairperson of the DSB to compose the panel.", "After 30 days from the establishment of the panel, Patria may request the Director-General to appoint the panelists after consulting both parties.", "After 20 days from the establishment of the panel, Patria may request the Director-General to appoint the panelists after consulting both parties.", "After 20 days from the establishment of the panel, Patria may request the Director-General to appoint the panelists with the agreement of both parties."];

question_array[18] = [6, "Called to compose a panel pursuant to Article 8.7 of the DSU, the Director-General of the WTO intends to appoint two panel members who have previously been rejected by one of the parties to the dispute. These two individuals are the persons with the most extensive expertise in the subject-matter of the dispute. Can the Director-General appoint them?", 3, "c6s3p2_e.htm", "According to the DSU, the Director-General must not appoint any individual who has been rejected previously by one of the parties to the dispute.", "The Director-General may appoint whomever he/she wishes.", "In principle, yes, because the Director-General is required to appoint the panelists whom he/she considers most appropriate, after consulting with the parties. There is however a practice that the Director-General does not appoint any of the rejected candidates.", "There is a practice of not appointing any of the rejected candidates. This practice legally binds the Director-General."];

question_array[19] = [6, "Patria requests the DSB to establish a panel to examine a prohibition on importing meat produced with hormones imposed by Tramontana. Xenia requests a panel on the same subject matter. How should the DSB react?", 1, "c6s3p2_e.htm", "The DSB should, whenever feasible, establish one panel to examine several complaints on the same matter.", "The DSB should establish two separate panels because the parties are not the same in the two disputes.", "The DSB should establish two panels and make sure that the chairperson of both panels is the same person in order to ensure decisions that are consistent one with another.", "The DSB should establish two panels and make sure that different persons serve on both panels in order to ensure the confidentiality of the two proceedings."];

question_array[20] = [6, "At the request of Patria, the DSB established a panel at its meeting in September 1996. At the DSB meeting in November 1996, Xenia indicates that it is an interested third party and that it wishes to be heard by the panel. Has the request come too late? ", 2, "c6s3p1_e.htm", "The DSU does mandates that the request to be heard as an interested third party must be made orally when the DSB establishes the panel or in writing within ten days of the establishment of the panel.", "The DSU does not state by when the request to be heard as an interested third party must be made. However, in practice, such requests are made orally when the DSB establishes the panel or, pursuant to the DSB’s agreed practice, in writing within ten days of the establishment of the panel.", "There is no deadline for filing the third party request, Patria therefore has a right to be heard, as long as the panel proceeding is not completed.", "Third party requests must be made during the consultations. Only parties having requested to be joined in consultations can later request third party participation before the panel."];



question_array[21] = [6, "Xenia is an interested third party in a panel proceeding initiated by Patria against Tramontana. Xenia asks Patria to give it a copy of its submission to the panel. Should Patria accede to that request?", 3, "c6s3p1_e.htm", "Because the proceedings are confidential, third parties do not receive any of the parties’ submissions.", "Third parties formally participate in the panel proceeding and, therefore, receive all the submissions filed by the parties.", "Third parties have the right to receive the submissions of the parties to the dispute to the first meeting of the panel.", "Third parties are entitled to attend the first substantive meeting of the panel with the parties, but they do not get the parties’ first written submission. At the second meeting, it is the other way round: they do not attend the meeting, but they receive the second written submission."];
question_array[22] = [6, "Patria brought a complaint concerning import restrictions maintained by Tramontana on apples which Patria claims to be inconsistent with Article XI of the GATT 1994. Xenia intervenes as an interested third party and claims that Tramontana’s import regime for apples is also inconsistent with Article II of GATT 1994. Should the panel examine the issue raised only by Xenia?", 1, "c6s3p1_e.htm", "A panel’s terms of reference are determined by the request for the establishment of the panel. Unless the parties agreed otherwise, only the claims of violation raised by the complainant in that request form the basis for the panel’s decision.", "Only WTO Members with a substantive interest in a dispute may become third parties. Consequently, third parties are entitled to make claims of their own, and the panel must examine them.", "Only the complainant and the respondent determine the terms of reference of a dispute. The panel will, therefore, examine the issue if either the complainant or the respondent responds to Xenia’s point.", "A panel has to deal only with the claims raised by the complainant in its request for the establishment of the panel, but it is always free to deal with any other issue. The decision is thus up to the panel."];
question_array[23] = [6, "A panel has submitted its report to the parties on 14 November advising them that, in the absence of a mutually agreed settlement, the report would be circulated to WTO Members on 28 November. On 27 November the party complained against asks the panel to postpone the circulation to 31 December in order to make it possible to reach a bilateral settlement. How should the panel react?", 4, "c6s3p5_e.htm", "Any party can request the suspension at any time of the proceeding, and the panel must always accede to the request.", "The panel may always suspend its procedure if it so desires. It does not matter whether there is a request to that effect.", "The suspension of panel proceedings is no longer possible after the issuance of the interim report because the parties already know who is going to win the dispute.", "A panel may suspend its work at any time at the request of the complainant. The panel should check whether not only the respondent, but also the complainant requests a suspension."];
question_array[24] = [6, "During the course of a panel proceeding, both parties request the panel to interrupt its proceedings for nine months because the parliament of the party complained against is considering legislative changes that would eliminate the cause of the complaint. How should the panel react to this request?", 3, "c6s3p5_e.htm", "The panel is obliged to accede to the request because both parties have requested the suspension.", "The panel cannot suspend its work for any period exceeding six months.", "The panel may suspend its work at the request of the complaining party. The panel will probably feel quite inclined to accede to the request, given the DSU’s preference for mutually agreed solutions.", "The suspension of a panel proceeding is possible only if the parties use the time for negotiations on a mutually agreed solution. They cannot just wait for action in the respondent’s parliament."];

question_array[25] = [6, "A panel report on a complaint by Patria against Tramontana is to be considered by the DSB for adoption. Tramontana objects to the adoption of the report because the import restrictions at issue have been maintained for 25 years and their removal would cause social unrest. How should the DSB react?", 4, "c6s4p1_e.htm", "The DSB has to adopt the panel report according to the normal decision-making procedures set out in Article IX:1 of the WTO Agreement. That is, it will first try to achieve consensus on the question of adoption, but if consensus is impossible, the DSB will decide by majority vote.", "Panel reports are to be adopted by consensus. Even acting alone, Tramontana can prevent the adoption through its objection.", "The DSB is always required to take into consideration the possible socio-economic impact of its recommendations and rulings. If a measure was in place for 25 years, it can be maintained for another 25 years before it must be withdrawn.", "Panel reports must be adopted by the DSB unless there is an appeal or a consensus against the adoption. If Partia insists on the adoption, it will occur despite Tramontana’s objection."];
question_array[26] = [6, "Xenia, a third party in a panel proceeding between Patria and Tramontana, notifies the DSB of its intention to appeal the panel report and files a notice of appeal. How should the DSB react?", 3, "c6s5p1_e.htm", "Given the initiation of an appellate review procedure, the DSB cannot consider the panel report for adoption until the completion of the appeal.", "The DSB should ask the parties to the dispute whether they agree with the appeal, and if that is the case, refer the matter to the Appellate Body.", "A third party cannot appeal a panel report. If neither the complainant or respondent notifies the DSB of its intention to file an appeal, the DSB must consider the report for adoption.", "The DSB must decide by negative consensus whether Xenia’s appeal is admissible."];
question_array[27] = [6, "Canada has not been successful at the panel stage with its complaint against the European Communities, challenging the French asbestos ban. The Panel found that there was a violation of Article III:4, but considered the ban to be justified under Article XX:(b) of the GATT 1994. Can the European Communities file an appeal if it disagrees with the Panel’s result on Article III?", 3, "c6s5p1_e.htm", "No, only the losing party can file an appeal.", "Yes, the European Communities can file an appeal because the panel has found a violation of Article III.", "Yes, either party has the right to appeal any legal findings by the panel.", "The European Communities can file an other appeal, if Canada appeals from the panel report."];
question_array[28] = [6, "In a dispute between the WTO Members Ethylia and Methania regarding the internal taxation of alcoholic beverages in Methania, the panel has ruled that the two main drinks at issue are like products, given, among other things, the similar raw materials used in the production process. Methania disagrees with the ruling and would like to know whether it can file an appeal and challenge the panel’s finding of likeness.", 3, "c6s5p2_e.htm", "Methania cannot file an appeal on this issue because the likeness of two products is a factual question that is not subject to appeal. Two products are either like or they are not.", "Methania can file an appeal on this issue because, by definition, appeals can be on points of law as well as on points of fact.", "Appeals can be only on legal issues. Whether two products are like in the sense of Article III of GATT 1994 is a legal question, insofar as the interpretation of that legal term is concerned. However, this question also depends on facts established by the panel (e.g. which raw materials are used), which, as such, would not be subject to appeal unless there is a disregarding, distortion and misrepresentation of the evidence or egregious errors that calls into question the good faith of the panel.", "The right of appeal is limited to legal questions. However, Methania can also challenge the facts established by the panel and the Appellate Body would then determine whether it wishes to address the factual question in order to be able to properly decide the legal question."];
question_array[29] = [6, "In the dispute between the WTO Members Ethylia and Methania, where the panel had found that the two main drinks at issue in the dispute about the taxation of alcoholic beverages are like products, the Appellate Body reverses the interpretation made by the panel of like product and comes to the conclusion that the products are not like. It however considers that the products are directly competitive or substitutable. How should the Appellate Body rule?", 4, "c6s5p4_e.htm", "The Appellate Body would reverse the panel’s finding on likeness, but would not be able to pronounce itself on the question of directly competitive or substitutable, as this is a new issue that has not been covered in the panel report.", "The Appellate Body would reverse the panel’s finding on likeness, and rule on the question of the directly competitive or substitutable relationship of the two drinks. If necessary, the Appellate Body will establish new facts to be able to rule on this question.", "The Appellate Body would reverse the panel’s finding on likeness, and, as it cannot touch on new issues, remand the dispute to the panel for further examination regarding the question of directly competitive or substitutable products.", "The Appellate Body would reverse the panel’s finding on likeness, and complete the legal analysis by ruling on the question of directly competitive or substitutable products to the extent that the facts established by the panel and undisputed facts in the panel record permit."];
question_array[30] = [6, "The WTO Member Deutomia files an appeal in a WTO dispute and is a bit imprecise in pointing to the specific passages of the panel report that it wishes to appeal. Tractania, which had won against Deutomia before the panel, considers Deutomia’s appeal to be insufficient and therefore inadmissible. Deutomia reacts by withdrawing its appeal under the condition of being able to file a new appeal and immediately submits its new, more detailed appeal. Is this possible?", 3, "c6s5p4_e.htm", "No, as there is only one right to appeal. No party can file two appeals.", "The withdrawal is invalid because it has been subjected to an invalid condition. The Appellate Body must therefore take the first appeal as the basis of its decision.", "The withdrawal of an appeal is possible at any time. Deutomia also has the right to file a new appeal as long as this takes place within the deadline for filing an appeal.", "The condition attached to the withdrawal is impermissible. Thus, the withdrawal is valid, and the new appeal can become the basis of the Appellate Body’s decision only if Tractania agrees."];

question_array[31] = [6, "The WTO Member Nimmeia has lost a dispute about the taxation of alcoholic beverages. In order to prevent the adoption of the reports of the panel and the Appellate Body, Nimmeia objects against the adoption of the agenda at the beginning of the DSB meeting. What is the legal situation?", 2, "c6s6p1_e.htm", "As no special rule on negative consensus exists for the adoption of the agenda, positive consensus is necessary to approve it. Nimmeia’s objection would prevent the adoption of the agenda and, as a consequence, prevent the adoption of the reports.", "The DSU does not require positive consensus for the adoption of the reports (rather, negative consensus will do). This quasi-automatic decision-making procedure cannot be undermined by blocking the agenda.", "Agendas are always adopted by formal majority vote. The DSB chairman would thus proceed to the distribution of ballots.", "The agenda for a meeting does not require any approval. The chairperson can simply proceed according to the agenda and ignore Nimmeia’s objection."];
question_array[32] = [6, "A panel has found Tramontana’s internal taxes on cigarettes to be inconsistent with Article III of GATT 1994. The panel report was adopted by the DSB in February 1996. In February 1997, Patria noted that Tramontana had still not adjusted its tax system to conform to Article III. What are Patria’s options?", 2, "c6s10p1_e.htm", "Patria has no options, it must wait for Tramontana to implement the DSB’s recommendations and rulings.", "Following the expiration of the reasonable period of time for implementation, Tramontana must enter into negotiations about compensation, and after 20 days, Patria may proceed to the suspension of obligations.", "Having waited a whole year, Patria can now apply unilateral countermeasures against Tramontana by impeding imports from that origin.", "Patria can resort to an arbitration procedure in which collective sanctions by all WTO Members would be imposed against Tramontana."];
question_array[33] = [6, "WTO Member Y has just won a GATT dispute against WTO Member Z involving bananas. The reasonable period of time has expired without full implementation, and there is no agreement between the parties on compensation. What options for retaliation exist for Y?", 3, "c6s10p1_e.htm", "Y must retaliate in the area of bananas only.", "Y may retaliate in the area of other goods, but it can only resort to the suspension of GATT 1994 obligations.", "Y can suspend obligations in any goods sector, and under any multilateral agreement on trade in goods. If Y considers that it is not practical or effective, and the circumstances are serious enough, it may seek retaliation under the GATS) or the TRIPS Agreement.", "Y may suspend obligations in any goods sector, and under any multilateral agreement on trade in goods only."];
question_array[34] = [6, "WTO Member A is a developing country and also a small economy. It has just won a WTO dispute against a big trading nation in the area of goods. The reasonable period of time has expired without full implementation, and there is no agreement between the parties on compensation. What are A’s options?", 3, "c6s10p1_e.htm", "With the small trade volumes involved, A is unable to apply any sanctions that would generate economic effects that the respondent would even notice.", "The suspension of obligations must always occur in the same sector as the violation. A must retaliate in the goods sector.", "If the suspension of obligations in the area of goods is considered impracticable or ineffective, A can suspend obligations under GATS or the TRIPS Agreement.", "The suspension of obligations under the TRIPS Agreement is never possible because the trade sanctions must always take the form of trade barriers."];
question_array[35] = [6, "In the DSB meeting after the adoption of the reports of the panel and the Appellate Body in a dispute, the respondent states its intention to implement the DSB’s recommendations and rulings, but affirms that it needs a reasonable period of time for that purpose. How will the duration of this period be determined?", 2, "c6s7p1_e.htm", "For 20 days, the parties to the dispute negotiate the length of the period. If they cannot agree, either party can request the Director-General of the WTO to determine the duration of the reasonable period of time.", "The reasonable period of time can be:  (a) proposed by the Member concerned and approved by the DSB (b) mutually agreed by the parties to the dispute within 45 days after adoption of the report(s) or (c) determined by an arbitrator.", "The reasonable period of time to comply with the DSB’s recommendations and rulings has already been determined by the panel in the final conclusions in its report.", "The reasonable period of time to comply with the DSB’s recommendations and rulings is always 15 months. It need not be determined in a specific case."];
question_array[36] = [6, "After the adoption of the reports of the panel and the Appellate Body in a dispute, the parties cannot agree on the duration of the reasonable period of time and refer the matter to arbitration. What reasonable period of time does the arbitrator have to award?", 1, "c6s7p1_e.htm", "The guideline for the arbitrator is that the reasonable period of time should normally not exceed 15 months. The main criterion is that it should be the shortest period possible within the legal system of the Member to implement the recommendations and rulings of the DSB.", "The guideline for the arbitrator is that this period should be 15 months, but it can be shorter or longer, depending on the economic power of the losing Member.", "The guideline for the arbitrator is that the reasonable period of time should be 15 months, unless there is an extreme circumstance which justifies a longer or a shorter period.", "The guideline for the arbitrator is that the reasonable period of time should not exceed 15 months. It should be the shortest period possible within the legal system of the Member to implement the recommendations and rulings of the DSB, but the Member need not make use of any flexibility that it has in order to speed up the process of implementation."];
question_array[37] = [6, "After the expiry of the reasonable period of time, the original complainant claims that the respondent has not used the time in order to fully implement the DSB’s recommendations and rulings. The respondent insists that the new law it has passed brings its measure into compliance with WTO law. The complainant, however, believes that the new measure, in addition to not constituting full implementation, infringes WTO obligations, which the original measure had not contravened. What recourse is available to the complainant and what will be reviewed in that procedure?", 2, "c6s7p2_e.htm", "The complainant can only start an entirely new dispute settlement procedure and have a panel examine the consistency of the new measure with the covered agreements. The panel will review the new measure in relation to all claims made by the complainant.", "Both parties can have recourse to an accelerated compliance review procedure, during which the complainant can request an examination of the new measure by a panel and possibly the Appellate Body as to its consistency with the DSB’s recommendations and rulings and with WTO law more generally.", "The parties can have recourse to an accelerated compliance review procedure, during which, however, only the consistency of the new measure with the DSB’s recommendations and rulings will be examined. If the complainant claims other, new violations of WTO law, it must initiate a totally new dispute.", "The parties can have recourse to an accelerated compliance review procedure, in which a panel makes a ruling regarding the question of compliance within 90 days. No appeal is available in this procedure in order to ensure its speediness."];

question_array[38] = [6, "WTO Member Pecunia has lost a WTO dispute against Fiducia. Because Pecunia sees itself unable to implement the ruling immediately, the parties are interested in exploring the option of compensation. How would this work?", 1, "c6s9p1_e.htm", "Pecunia and Fiducia have to agree on the form of compensation, which would be alternative trade benefits and which is temporary pending the withdrawal of the WTO-inconsistent measure.", "Pecunia would have to make a monetary payment to Fiducia, the level of which is to be determined by arbitration if the parties cannot agree on the amount.", "Pecunia must provide monetary compensation for the past damage that its WTO-inconsistent measure has caused to Fiducia. For the future, Pecunia can provide alternative trade benefits as compensation.", "An auction takes place in the DSB, and the parties can agree on a specific form of compensation only if no other WTO Member offers a higher price for securing Pecunia’s withdrawal of the WTO-inconsistent measure."];
question_array[39] = [6, "WTO Member Notorio has lost a WTO case two years ago. It has still not implemented the recommendations and rulings of the DSB. As a consequence, it faces the suspension of obligations by other WTO Members. In the regular DSB meetings, several other WTO Members criticize Notorio for failing to implement. Notorio counters that it is only making use of its right to pursue a different avenue than implementation and that it is happy to pay for not implementing. Who is right?", 4, "c6s10p1_e.htm", "The DSU offers the respondent who has lost a dispute the possibility of facing countermeasures (or of providing compensation) as an alternative to implementation. Given the suspension of obligations by other Members, the overall balance of concessions is retained, which is all that matters under the WTO Agreement.", "When the DSB adopted the report(s) of the panel (and the Appellate Body), it adopted their recommendation to bring the inconsistent measures into conformity with the WTO Agreement. Notorio is free to follow this recommendation or not to do so, as the word recommendation already suggests.", "There is a preference in the DSU for the withdrawal of the WTO-inconsistent measure, but if the complainant opts for the suspension of obligations, it foregoes the right to have the respondent withdraw the measure that has been found inconsistent with the WTO Agreement.", "The DSB keeps the situation under surveillance as long as there is no implementation. The DSU stipulates that the other options (providing compensation and facing countermeasures) are only temporary alternatives falling short of resolving the dispute (Articles 3.7 and 21.6 of the DSU)."];





question_array[40] = [7, "A WTO panel is required to interpret an article of a covered agreement that has been interpreted in a previous panel report under GATT 1947. The contracting parties to GATT 1947 had not adopted that panel report. Can the panel borrow from the reasoning of the previous GATT 1947 panel report and interpret the legal provision in the same manner?", 2, "c7s2p1_e.htm", "The non-adoption of that panel report means that the GATT contracting parties have rejected that panel’s reasoning. The WTO panel is, therefore, under an obligation to adopt a different line of reasoning.", "An unadopted GATT panel report has no formal legal status as such in the WTO dispute settlement system, but if the WTO panel is convinced by the reasoning of the GATT panel, it can adopt this reasoning as its own.", "The GATT panel report is completely irrelevant because it has not been adopted. The WTO panel should ignore it entirely.", "It makes no difference whether a report has been adopted or not. Panel reports of previous disputes are never relevant in any sense whatsoever."];
question_array[41] = [8, "WTO Members A and B have been involved in a WTO dispute. Before the panel circulated its findings and conclusions, A and B were able to find a mutually agreed solution. WTO Member C believes that this solution is not in line with the covered agreements. What can C do?", 4, "c8s1p1_e.htm", "If C has not been involved in the dispute, it has no right to interfere with the matter between A and B.", "C can do nothing because, in finding their mutually agreed solution, A and B were permitted to modify the terms of their legal relationship under the covered agreements.", "If C has been a third party in the panel proceedings, it may challenge the consistency of the mutually agreed solution by filing an appeal to the Appellate Body.", "Mutually agreed solutions must be consistent with the WTO Agreement and must not nullify or impair benefits accruing to any other Member. C may raise any point in the DSB and the relevant Council or Committee and may also bring a dispute."];
question_array[42] = [8, "A WTO Member who believes that another Member has not carried out one of its obligations under the covered agreements wishes to resort the mechanism of mediation under Article 5 of the DSU. Can it do so before requesting consultations under Article 4 of the DSU, a step that the other Member could consider as a hostile act?", 4, "c8s1p2_e.htm", "As such, mediation does not exist in the WTO dispute settlement system, but the parties can ask the panel to mediate their dispute.", "The complainant, alone, can request mediation after the request for consultations has been filed. Before formal consultations, the two parties can resort to Article 5 procedures only by mutual agreement.", "Yes. The procedure of mediation is available at any time: before, during and after the formal consultations pursuant to Article 4 of the DSU.", "Mediation may begin at any time. Mediation prior to the request for consultations would be possible but would not come under the auspices of the DSU. A request for mediation should not be considered as contentious act."];
question_array[43] = [8, "WTO Members A and B would like three former judges of the International Court of Justice to decide their WTO dispute. Is this possible?", 2, "c8s2p1_e.htm", "Adjudicating WTO disputes is reserved to individuals presently working on WTO matters. The three individuals could therefore be called to decide the case only if they are presently national trade officials or trade professors.", "The three individuals could be appointed as panelists if parties so agree. A and B could also resort to arbitration under Article 25 of the DSU and agree on the names of the arbitrators.", "The composition of a WTO panel must always be diverse and broadly representative of the WTO Membership. Three people having worked in the same institution would not meet this requirement.", "The three individuals could be appointed as panelists, provided that their names appear on the indicative list from which panelists may be drawn."];
question_array[44] = [10, "The United States challenges the EC banana regulation under both GATT 1994 and GATS United States companies are very active in distribution services for bananas, but the country has never exported bananas of United States origin to the EC. Is the United States permitted to rely on GATT 1994? ", 3, "c10s1p1_e.htm", "The United States needs to have a legal interest to raise a claim. This is not the case if the United States does not actually trade bananas.", "There cannot be any nullification or impairment of benefits accruing to the United States under the GATT 1994, if the product is not actually traded.", "A complainant does not need a legal interest to make a claim. It is sufficient that the complainant is a producer and potential exporter of the product in question, at least when the different claims (on GATT and GATS) are interwoven.", "As soon as there is a legitimate legal and trade interest for one of the claims, here under the GATS, all other claims are admissible as well."];
question_array[45] = [10, "Patria has brought a complaint against Tramontana about apple import restrictions that are inconsistent with Article XI:1 of the GATT 1994. Tramontana had claimed in the prior bilateral consultations that its measures are justified, inter alia, by Article XI:2 of GATT 1994 but in the panel proceedings it does not submit arguments relating to Article XI:2. Should the panel examine the case under Article XI:2 on its own initiative?", 2, "c10s3p1_e.htm", "Panels are responsible for applying the WTO law to assess whether a violation has actually occurred. If Article XI:2 is applicable as a matter of scope, the panel must apply that provision.", "Panels consistently examine only those provisions on which the complainant bases its case and those on which the respondent relies in defence. Unless the respondent invokes Article XI:2 - possibly in response to a question by the panel - the panel should not examine the case under Article XI:2 of the GATT 1994.", "Yes. The consultations prior to the panel procedure are part of the dispute settlement process and the content of the discussions are known to the panel. It is sufficient for Tramontana to have invoked Article XI:2 in the consultations.", "The panel should examine the case under Article XI:2 and include findings in this regard in its report, but it should ignore these findings for its conclusions about the case."];
question_array[46] = [10, "In a WTO dispute, the complainant has claimed 15 different violations (in its request for the establishment of the panel and further in its submissions and oral statements) of the same covered agreement. The panel would like to know whether it has to address all of these claims.", 4, "c10s4p1_e.htm", "The request for the establishment of the panel determines the terms of reference for a panel. The panel’s mandate, therefore, is to address each single claim of violation raised by the complainant.", "The panel is free to choose among the different claims, but it must at least deal with one of the claims, irrespective of whether this results in a finding of a violation or not.", "The panel must stop its examination as soon as it has found one violation of the covered agreement in order to respect the principle of judicial economy.", "The panel only needs to address the claims that are necessary to fully resolve the matter at issue and may exercise judicial economy as regards the other claims."];
question_array[47] = [10, "Who bears the burden of proof in a WTO dispute?", 3, "c10s6p1_e.htm", "The panel bears the burden of proof because it is responsible for establishing the facts and has the authority and means to conduct the fact-finding.", "The complainant bears the burden of proof in every situation. This means that if there is any uncertainty, the complainant loses the case.", "The complainant must assert and prove its claim of a violation or other nullification or impairment, and the respondent bears the burden of proof that the conditions of exceptions are met.", "Who bears the burden of proof depends on a case-by-case analysis and will be decided according to principles of fairness and due process."];
question_array[48] = [11, "What is the role played by developing country Members in the WTO dispute settlement system?", 4, "c11s1p1_e.htm", "Developing country Members of the WTO have so far never used the dispute settlement system.", "Developing country Members have brought quite a few disputes during the first years of the WTO dispute settlement system, but then stopped using that system.", "Developing country Members, including least-developed country Members of the WTO are among the regular users of the dispute settlement system.", "Developing country Members regularly and increasingly use the dispute settlement system. Least-developed country Members of the WTO have so far been neither a complainant nor a respondent but they have participated as third parties."];
question_array[49] = [11, "What is the Advisory Centre on WTO Law?", 1, "c11s2p2_e.htm", "The Advisory Centre is a separate international organization that advises developing countries on matters of WTO law and represents developing country Members of the WTO in dispute settlement proceedings.", "The Advisory Centre is a section of the WTO Secretariat that advises developing countries on matters of WTO law and conducts training courses in cooperation with local universities.", "The Advisory Centre was meant to be established together with the International Trade Organization in the late 1940s, but the required number of ratifications could not be reached.", "The Advisory Centre is a lobbying organization representing the interests of big multinational enterprises in Geneva."];