| Edwin A. Vermulst, Folkert Graafsma - 2002 - 878 pages
...accordance with paragraph 2 of Article 3, in their findings and recommendations, the panel and Appellate Body cannot add to or diminish the rights and obligations provided in the covered agreements. Article 20 Time-frame for DSB Decisions Unless otherwise agreed to by the parties to the dispute, the... | |
| Canadian Council on International Law. Conference - 2002 - 360 pages
...customary rules of interpretation of public international law. Recommendations and rulings of the DSB cannot add to or diminish the rights and obligations provided in the covered agreements." 11. The Dispute Settlement Understanding (DSU) is Annex 2 to the Marrakesh Agreement Establishing the... | |
| Armin von Bogdandy, Petros C. Mavroidis, Yves Mény - 2002 - 538 pages
...international law." Article 3.2 provides, furthermore, that "[Recommendations and rulings of the DSB cannot add to or diminish the rights and obligations provided in the covered agreements." Thus, Article 3, one of the general provisions of the DSU, sets forth clearly that WTO dispute settlement... | |
| Andreas F. Lowenfeld - 2003 - 838 pages
...'judicial activism' and its analogues, Article 19 goes on to reiterate that the panel or Appellate Body 'cannot add to or diminish the rights and obligations provided in the covered agreements.'9 In contrast to the prior practice, however, the Uruguay Round Understanding makes elaborate... | |
| World Trade Organization - 2002 - 638 pages
...accordance with paragraph 2 of Article 3, in their findings and recommendations, the panel and Appellate Body cannot add to or diminish the rights and obligations provided in the covered agreements".195 The Appellate Body stated, "These provisions speak for themselves. Unquestionably,... | |
| World Trade Organization - 2002 - 500 pages
...of the DSU provided none; as provided in Article 3.2 of the DSU, panel recommendations and rulings "cannot add to or diminish the rights and obligations provided in the covered agreements." 6.28 The United States maintains that the facts detailed in its complaint have shown the following.... | |
| World Trade Organization - 2002 - 308 pages
...conformity with the relevant covered agreements" and. according to Article 3:2 of the DSU. the Panel "cannot add to or diminish the rights and obligations provided in the covered agreements". The Panel would have to determine the legality of the import restrictions under India's obligations... | |
| World Trade Organization - 2002 - 428 pages
...case256Taking the far-reaching step of adopting textual provisions into an Agreement which are not there would "add to or diminish the rights and obligations provided in the covered agreements", and would therefore violate Article 3.2 DSU. 36. Second, there is no ground for ignoring the text of... | |
| World Trade Organization - 2002 - 526 pages
...and general principles of law, namely, the principle that neither panels nor the Appellate Body can add to or diminish the rights and obligations provided in the covered agreements (Article l9.2 of the DSU). the principle of predictability, and the principle of in dubia mitius. (d)... | |
| Tom Symes, Mike Renger, Nicola Paradise - 2003 - 936 pages
...accordance with paragraph 2 of Article 3, in their findings and recommendations, the panel and Appellate Body cannot add to or diminish the rights and obligations provided in the covered agreements. ARTICLE 20 TIME-FRAME FOR DSB DECISIONS nless otherwise agreed to by the parties to the dispute, the... | |
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