Originally from:
The WTO: Governance, Dispute Settlement & Developing Countries
The WTO: Governance, Dispute Settlement & Developing Countries-Digital
Chapter 50 - Preview Page
Reconciling the International and the Domestic: The Reasonable Period of Time under Article 21.3 of the DSU
Robin Hansen, Donald McRae
A ruling by the DSB that a measure taken by a Member is inconsistent with its obligations under a covered agreement carries with it the consequence that the measure is to be brought into conformity with the relevant agreement, and the DSU requires prompt compliance with such a ruling. The DSU also provides that “[i]f it is impractical to comply immediately” the Member is to have “a reasonable period of time in which to do so.”
In this way, the DSU gives recognition to the fact that some domestic legislative or administrative process will be necessary to change measures that have been found to be inconsistent with a WTO agreement in order to bring them into conformity with the relevant agreement. Legislatures may, therefore, have an important function to play in implementing WTO rulings. While it is unlikely that a legislature will be able to enact a measure “immediately” within the meaning of Article 21.3 of the DSU, it is likely that differences in legislative processes may mean that a reasonable period of time for the legislature of one country to come into conformity may not be a reasonable period of time for the legislature of another country. Legislative processes vary throughout the world and there are a multitude of factors that might influence the ability of a legislature to act when confronted with a ruling of the DSB that a provision that it enacted in the past is not in conformity with a WTO agreement. There is some recognition of this in the DSU. The reasonable period of time can be agreed upon by the parties to the dispute. If the parties...
About the Authors:
Robin Hansen is the Coordinator of International Law at the University of Ottawa.
Donald McRae is the Hyman Soloway Professor of Business and Trade Law at the University of Ottawa.