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General Agreement on Tariffs and Trade 1994

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Chapter Summary

Consultations are an instrument for obtaining satisfactory adjustment of a disputed matter between the Members on a bilateral level, before further formalized action under the Dispute Settlement Understanding (DSU) is taken. From the perspective of the World Trade Organization (WTO) dispute settlement system consultations are a prerequisite to Panel proceedings. General Agreement on Tariffs and Trade 1994 (GATT 1994) makes available two provisions for consultation: Art. XXII and Art. XXIII. These provisions had been the only dispute settlement rules in the GATT 1947. Since the WTO Agreement entered into force Art. XXII GATT 1994 has been replaced by Art. 4 DSU as the general consultation clause for the dispute settlement mechanism. It has instead become a special consultation clause as far as disputes arising from the GATT 1994 are concerned.

Keywords: dispute settlement system consultations; GATT 1994; World Trade Organization (WTO)



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