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II Pression matérielle : le contrôle au fond de la mise en conformité

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Chapter Summary

In this chapter, the first issue is that of areas of skill of judge of compliance, whose panels and Appellate Body have traced the limits. Second issue concerns the way the panels "live" effectively in the control, in other words the way they exercise their skill and know the merits of request. It is necessary to determine the content: one thus defines the limits of ratione materiae skill of panels. Measures must be framed in time: any measure, enacted at any moment, cannot be deemed to taken to comply. The framework, drawn from Memorandum and interpreted by judgment members, corresponds to limits of ratione temporis skill of panels. In this sense, the examination to which they submit the measures is understood in sense of full control of their compatibility: they must be lawful in light of entire WTO law. The original text of the chapter is in French.

Keywords: Appellate body; judge of compliance; judgment members; panels; WTO law



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