Smoke Abuse in Public Area
- Submitted by: zagsaye
- Views: 608
- Category: History: American
- Date Submitted: 03/25/2011 03:01 AM
- Pages: 8
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A: PROCESS
Article 22 & 23(1) of the GATT states that if a contracting party considers that any benefit accruing to it has been nullified or impaired as a result of the application of any measure by another contracting party, then it has a right to request consultation with the contracting part. It further states that each contracting party will accord sympathetic consideration to a member requesting consultation. Therefore the Indonesian government should exercise their right to consultation by submitting a written representation stating their concerns (over restrictions imposed on certain flavored cigarettes) to the US government. Once the request has been received the US government will be obligated to accord sympathetic consideration by entering into consultation in good faith, in order to resolve the dispute.
The process of consultation is regulated by the DSU . Article 4 of the DSU states that it is the responsibility of the US government to respond to the request within 10 days and to enter into consultations within 30 days of receiving the representation.
If the consultations fail to settle the dispute the Indonesian government may submit a request to the DSB for the establishment of a dispute resolution panel, no later than 60 days from the US receiving the request for consultation. After receiving a request for the establishment of a panel, the DSB will discuss the issue in their meeting and if there is no valid reason for a panel not to be formed the DSB will approve the request thus establishing a panel.
The panel will comprise of members who are well qualified as per (Art. 8(1)) and independent individuals as per (Art. 8(2)). The panel will investigate the dispute in light of the facts of the case and the relevant agreements of the WTO. The rebuttals and arguments (Art. 15(1)) of both parties will be taken into consideration. A report of the findings will be submitted to the DSB for approval. The DSB has 60 days in which to adopt this report...
Article 22 & 23(1) of the GATT states that if a contracting party considers that any benefit accruing to it has been nullified or impaired as a result of the application of any measure by another contracting party, then it has a right to request consultation with the contracting part. It further states that each contracting party will accord sympathetic consideration to a member requesting consultation. Therefore the Indonesian government should exercise their right to consultation by submitting a written representation stating their concerns (over restrictions imposed on certain flavored cigarettes) to the US government. Once the request has been received the US government will be obligated to accord sympathetic consideration by entering into consultation in good faith, in order to resolve the dispute.
The process of consultation is regulated by the DSU . Article 4 of the DSU states that it is the responsibility of the US government to respond to the request within 10 days and to enter into consultations within 30 days of receiving the representation.
If the consultations fail to settle the dispute the Indonesian government may submit a request to the DSB for the establishment of a dispute resolution panel, no later than 60 days from the US receiving the request for consultation. After receiving a request for the establishment of a panel, the DSB will discuss the issue in their meeting and if there is no valid reason for a panel not to be formed the DSB will approve the request thus establishing a panel.
The panel will comprise of members who are well qualified as per (Art. 8(1)) and independent individuals as per (Art. 8(2)). The panel will investigate the dispute in light of the facts of the case and the relevant agreements of the WTO. The rebuttals and arguments (Art. 15(1)) of both parties will be taken into consideration. A report of the findings will be submitted to the DSB for approval. The DSB has 60 days in which to adopt this report...