Dispute Settlement Body

D.1A.1 US — Large Civil Aircraft (2^nd complaint), para. 502   back to top
(WT/DS353/AB/R)

… We are … mindful that it is not for panels, or the Appellate Body, to review DSB actions in a particular dispute or to direct that specific actions be taken. At the same time, however, the DSU stipulates that panels and the Appellate Body are to clarify relevant provisions of the covered agreements in accordance with the customary rules of interpretation of public international law in such a way as to preserve the rights and obligations of Members and contribute to the security and predictability of the multilateral trading system, consistently with the objective of securing a positive solution to individual disputes. The DSU does not identify specific provisions of the covered agreements, or particular obligations thereunder, that are exempt from or not susceptible of interpretation by panels or the Appellate Body. To the extent that they are at issue in a specific dispute, even provisions relating to the functioning of the DSB or the dispute settlement process itself are properly the subject of interpretation by panels and the Appellate Body, as the content of such provisions also affects the rights and obligations of WTO Members. …
 

DSB adoption or appeal of panel reports. See Working Procedures for Appellate Review, Timing of an appeal (W.2.0)
 

DSB initiation of an Annex V procedure. See SCM Agreement, Annex V — Procedures for Developing Information Concerning Serious Prejudice (S.2.40A)