Organization of the ICJ

Composition:

 Judges: The Court comprises 15 judges elected for nine-year terms by the General Assembly and
the Security Council. Judges must represent the main forms of civilization and principal legal
systems of the world.

 President and Vice-President: The Court elects a President and a Vice-President from among its
members to serve three-year terms.

 Registrar: The Registrar, appointed by the Court, is responsible for the administration of the Court
and the management of its cases.

Seat: The ICJ is located at the Peace Palace in The Hague, Netherlands.

Jurisdiction of the ICJ

The ICJ has two primary types of jurisdiction:

1. Contentious Jurisdiction:

o Access: All UN member states are automatically parties to the Statute of the Court under
Article 93(1) of the UN Charter. Non-member states can become parties under certain
conditions specified in Article 93(2). unfoldzero.org

o Compulsory Jurisdiction: States may accept the Court's jurisdiction by:

 Special Agreement: Parties agree to submit a dispute to the Court.

 Treaty Clause: A treaty between states includes a clause referring disputes to the
Court.

 Declaration: A state unilaterally declares its acceptance of the Court's jurisdiction,

often subject to reciprocity.

2. Advisory Jurisdiction:

o Requestors: The Court can provide advisory opinions on legal questions at the request of
UN organs and specialized agencies authorized to make such requests under Article 96 of
the UN Charter. International Court of Justice

Procedure Before the ICJ

 Written Phase: Parties submit written pleadings, including memorials and counter-memorials,
outlining their arguments and evidence.

 Oral Phase: Public hearings are held where parties present their arguments orally.

 Deliberation: The Court deliberates in private and drafts its judgment or advisory opinion.
  Judgment: Decisions are made by majority vote and are binding on the parties involved.

Limitations of the ICJ

 State Consent: The Court can only adjudicate disputes between states that have consented to its
jurisdiction.

 Non-Compulsory Compliance: While judgments are binding, the Court lacks enforcement
mechanisms to compel compliance.

 No Jurisdiction Over Individuals: The ICJ does not have jurisdiction over individuals; it only
hears disputes between states.

 Advisory Opinions: Advisory opinions are not legally binding and serve as guidance rather than
enforceable rulings.

Recent Developments

 Ukraine v. Russia: In 2023, the ICJ ruled that it had jurisdiction to hear Ukraine's case against
Russia concerning alleged violations of the Genocide Convention. AP News

 Israel and Palestine: In 2024, the ICJ issued an advisory opinion stating that Israel's occupation
of Palestinian territories is illegal under international law. The Guardian

Certainly! Here's a comprehensive note on the organization and jurisdiction of the International Court of
Justice (ICJ), drawing from authoritative sources.

🏛️ Organization of the International Court of Justice

1. Establishment and Seat

- The ICJ is the principal judicial organ of the United Nations, established in June 1945 by the UN Charter
and operational since April 1946 - Its seat is at the Peace Palace in The Hague, Netherlands
cite turn0search5

2. Composition

- The Court comprises 15 judges elected for nine-year terms by the UN General Assembly and Security
Council - Judges are elected from a list of candidates nominated by national groups in the Permanent
Court of Arbitration - No two judges may be nationals of the same country, ensuring geographical
representation cite turn0search4

3. Officers and Administration

 President and Vice-President: Elected by the judges for three-year terms

 Registrar: Appointed by the Court, responsible for the Court's administration - The Court
operates under the Statute and Rules of Court, supplemented by Practice Directions
cite turn0search3
4. Languages

- The official languages of the Court are English and French cite turn0search24

⚖️ Jurisdiction of the International Court of Justice

The ICJ has two primary types of jurisdiction:

1. Contentious Jurisdiction

- The Court settles legal disputes between states that have consented to its jurisdiction - Consent can
be given through - Treaties: Specific agreements between states - Declarations: Unilateral
declarations accepting the Court's jurisdiction as compulsory (Article 36(2) of the ICJ Statute) - Special
Agreements: States agree to submit a particular dispute to the Court - The Court cannot entertain a
case unless all parties have consented to its jurisdiction cite turn0search11

2. Advisory Jurisdiction

- The Court provides advisory opinions on legal questions referred to it by UN organs or specialized
agencies authorized to make such requests cite turn0search0 - These opinions are not legally
binding but carry significant moral and legal weight

📜 Sources of Law Applied by the ICJ

According to Article 38 of the Statute of the ICJ, the Court applies:

1. International Conventions Treaties and agreements establishing rules expressly recognized by

state.

2. International Custom General practices accepted as la.

3. General Principles of Law Recognized by civilized nation.

4. Judicial Decisions and Teachings As subsidiary means for the determination of rules of law
cite turn0search14.

🧭 Limitations of the ICJ's Jurisdiction

 *Consent: The Court's jurisdiction is based on the consent of states. A state cannot be compelled
to appear before the Court unless it has agreed to its jurisdiction cite turn0search1 .

 *No Enforcement Power: The ICJ lacks the authority to enforce its judgments. Compliance relies
on the goodwill of states and the support of the UN Security Councl.

 *Advisory Opinions: While influential, advisory opinions are not legally bindig.

 *Subject Matter Restrictions: The Court cannot adjudicate disputes involving domestic
jurisdiction unless they have an international legal dimensin.
📚 Further Reading

For a deeper understanding, consider exploring the following resources:

 *Statute of the International Court of Justice: The foundational document outlining the Court's
structure and functins.

 *Rules of Court: Detailed procedures governing the Court's operatins.

 *Yearbook of the International Court of Justice: Annual publication providing insights into the
Court's activities and decisins.

--

This overview provides a foundational understanding of the ICJ's organization and jurisdiction, essential
for comprehending its role in the international legal sysem.

Certainly! Here are detailed accounts of the three significant International Court of Justice (ICJ) and
international tribunal cases involving India, excluding the Kulbhushan Jadhav case:

1. Trial of Pakistani Prisoners of War (Pakistan v. India)

Facts:

 Incident: In May 1973, Pakistan instituted proceedings against India concerning 195 Pakistani
prisoners of war whom, according to Pakistan, India proposed to hand over to Bangladesh, which
was said to intend trying them for acts of genocide and crimes against humanity.

Issues:

 Whether the ICJ had jurisdiction over the dispute.

 Whether India had violated international obligations regarding the treatment and repatriation of
prisoners of war.

 The applicability of the Simla Agreement in this context.

Decision:

 The ICJ found that it did not have jurisdiction to hear the case. The Court emphasized that the Simla
Agreement, which was bilateral, did not provide a basis for ICJ jurisdiction. Pakistan subsequently
withdrew its application.

Implications:

 This case highlighted the significance of bilateral agreements and the necessity of mutual consent
for ICJ jurisdiction.

2. Maritime Delimitation in the Bay of Bengal (Bangladesh v. Myanmar)

Facts:

 Dispute: Bangladesh and Myanmar had overlapping maritime claims in the Bay of Bengal. The
dispute centered on the delimitation of the maritime boundary, particularly concerning the outer
continental shelf.

Issues:

 The method of delimitation of the maritime boundary.

 The entitlements of each country to the continental shelf and exclusive economic zone.

Decision:

 The International Tribunal for the Law of the Sea (ITLOS) delivered a judgment in 2012,
establishing a single maritime boundary between Bangladesh and Myanmar. The Tribunal
employed the equidistance method, adjusted for relevant circumstances, to achieve an equitable
solution.

Implications:

 This case set a precedent for maritime boundary delimitation, emphasizing the need for equitable
solutions and the application of established legal principles in resolving such disputes.

3. Maritime Delimitation in the Bay of Bengal (Bangladesh v. India)

Facts:

 Dispute: Bangladesh and India had overlapping maritime claims in the Bay of Bengal. The dispute
involved the delimitation of the maritime boundary, particularly concerning the exclusive economic
zone and continental shelf.

Issues:

 The method of delimitation of the maritime boundary.

 The entitlements of each country to the continental shelf and exclusive economic zone.

Decision:

 In 2014, the Permanent Court of Arbitration (PCA) delivered a judgment establishing a single
maritime boundary between Bangladesh and India. The Tribunal applied the equidistance/relevant
circumstances method, considering factors such as the length of the coastlines and the presence of
islands.

Implications:

 This judgment provided clarity on maritime boundary delimitation in the Bay of Bengal, offering
a framework for resolving similar disputes in other regions.
If you require further information on any of these cases or other ICJ decisions involving India, feel free to
ask!

The World Trade Organization (WTO) Dispute Settlement Understanding (DSU) provides a structured and
legally binding framework for resolving trade disputes between member countries. This system is central
to maintaining the stability and predictability of the global trading system.

⚖️ Overview of the WTO Dispute Settlement Procedure

The dispute settlement process under the WTO is designed to be impartial, transparent, and efficient,
ensuring that all members adhere to agreed-upon trade rules. The procedure is governed by the DSU, which
outlines the steps and timelines for resolving disputes.

📋 Key Stages in the Dispute Settlement Process

1. Consultations (Article 4 DSU)

 **Initiation:** A member (complainant) requests consultations with the member(s) (respondent)

whose measure is alleged to violate WTO agreements

 **Objective:** To resolve the issue amicably without resorting to formal litigation

 **Timeline:** Consultations must be held within 10 days of the request and last no longer than
60 days

2. Panel Establishment (Article 6 DSU)

 **Request:** If consultations fail, the complainant may request the establishment of a panel

 **Composition:** Panels consist of three to five independent experts selected by the parties or
appointed by the WTO Director-General

 **Timeline:** The Dispute Settlement Body (DSB) establishes the panel within 45 days of the
request

3. Panel Proceedings (Articles 12–14 DSU)

 **Function:** Panels examine the case, review legal arguments and evidence, and issue a report

 **Timeline:** The panel must issue its report within six months of its establishment

 **Report:** The panel's findings and recommendations are circulated to all WTO members

4. Appellate Review (Article 17 DSU)

 **Appeal:** Either party may appeal a panel's report to the Appellate Body, which reviews legal
aspects of the case

 **Composition:** The Appellate Body consists of seven members, though currently, due to
vacancies, it operates with fewer members
  **Timeline:** The Appellate Body must circulate its report within 60 days of the appeal

5. Adoption of Reports (Article 16 DSU)

 **Procedure:** The DSB adopts the panel or Appellate Body report unless there is a consensus
to reject it

 **Timeline:** Adoption occurs within 30 days of the circulation of the report

6. Implementation of Recommendations (Article 21 DSU)

 **Compliance:** The respondent must comply with the recommendations within a reasonable
period

 **Negotiation:** The parties may agree on a mutually acceptable solution or compensation

 **Retaliation:** If compliance is not achieved, the complainant may request authorization from
the DSB to suspend concessions or obligations to the respondent

🧭 Principles Underlying the Dispute Settlement System

 *Prompt Settlement: The system aims to resolve disputes swiftly to maintain the stability of the
multilateral trading syste.

 *Impartiality: Disputes are adjudicated by independent panels and the Appellate Body, ensuring
fairnes.

 *Security and Predictability: The system provides a rules-based approach, reducing the
likelihood of unilateral action.

 *Transparency: All proceedings and reports are accessible to WTO members and the publi.

 *Effectiveness: The system includes mechanisms for enforcement of rulings and

recommendation.

📚 Further Reading and Resources

 *WTO Dispute Settlement Handbook: A comprehensive guide detailing the dispute settlement
process, including procedural steps and case studis.

 *WTO Dispute Settlement Database: An online resource providing access to dispute settlement
cases, panel reports, and Appellate Body repors.

 *WTO Training Modules: Educational materials designed to help members and stakeholders
understand the dispute settlement systm.

--

The WTO's dispute settlement mechanism is a cornerstone of the global trading system, ensuring that
trade disputes are resolved in a fair, transparent, and timely mannr By adhering to the procedures
outlined in the DSU, members contribute to the stability and predictability of international trae.
Dispute Settlement Mechanism under WTO

Image source - https://bit.ly/3e5MIgu

This article is written by Prateek Jain.

Introduction

The World Trade Organization (WTO) is responsible for maintaining the free flow of trade between its
member countries. WTO, in the form of Dispute Settlement Undertaking (DSU), provides an instrument
for the settling of trade disputes between the parties. The dispute generally arises when any member country
violates any provision of WTO agreement which other member countries think unreasonable.

This dispute settlement process is the outcome of the Uruguay round (1996-1994). This mechanism
provides a speedy resolution of a trade dispute. This settlement system applies to all disputes covered under
the WTO agreement. The Dispute Settlement Body (DSB) is responsible for DSU to resolve a dispute
between parties.
Stages in settlement of trade disputes

Stage 1: Consultations (Article 4 of the DSU)

Before referring any dispute to mediation or taking any other actions, both the WTO member countries
shall affirm to resolve their disputes through consultation. If a WTO member requests for consultation with
another Member concerning measures affecting the operations of the former member, the latter member
must accept such request within a period 10 days after the date of receipt of such request and shall enter
into consultation within 30 days.

If the consultation fails to provide a satisfactory solution to the problem within 60 days after the date of
receipt of the request for consultation, then the complaining party may request for construction of the panel.
All such requests for consultation and construction shall be notified in writing including reasons for such
requests to the Dispute Settlement Body by the complaining member.

Stage 2: Establishment of Panels (Articles 6, 8 and 11 of the DSU)

If no satisfactory solution is reached through consultation between the member countries, the complaining
member may request for the establishment of panels in writing to the Dispute Settlement Body including a
summary of the case and issues involved. The panel is established at the second meeting of DSB at which
request appears as an agenda item of the meeting.

The function of the Panel is to aid the Dispute Settlement Body in resolving the matter in dispute. The panel
assesses the entire dispute, including the facts of the case and issues involved therein and examines whether
it conforms with the covered agreement between the member countries. The Panel shall provide its final
report to the parties within 6 months from the date when panel procedures start.

Stage 3: Selection of panellists (Article 8 of the DSU)

After the establishment of the panel, the next step is to select panellists. The panellists are selected by the
WTO Secretariat. The parties cannot oppose the selection unless they state reasons satisfactory to the
Secretariat. The panel shall consist of three panellists. The parties can agree to have five panellists on board
if they consider necessary within 10 days from the establishment of the panel.

The WTO Secretariat assists the parties in the selection of panellists by creating a list of all governmental
and non-governmental individuals having certain qualifications from which panellists may be chosen by
the parties.

Members may, at any reasonable time, make an addition to the list of individuals by suggesting the name
of individuals who can assist the parties by providing any information related to international trade law or
any of the matter as covered in the agreement because of which dispute arose in the first place. The addition
to the list can be made only after the approval of the Dispute Settlement Body.

If panellists are not selected within 20 days after the date of establishment of the panel, the Director-
General, in consultation with the Chairman of Dispute Settlement Body and Chairman of relevant Council
or Committee appoint panellists which they consider appropriate. The chairman of the Dispute Settlement
Body, then informs the members of the composition of the panel within 10 days.
 Click Above

Stage 4: Procedure of Panel (Articles 10 and 12 of the DSU)

The panellists shall, within one week after the composition of the panel fix a timetable for the panel process.
After this, the panel decides a deadline for written submission to be made by each party. Each party has to
submit its submissions with the secretariat which shall transfer each submission to the panel and submission
made by one party shall be sent to the other party as well. At the first substantive meeting of the panel, the
complaining party shall be the first to present their case ahead of the responding party.

The third parties who have notified the Dispute Settlement Body having substantial interest in the subject
matter of the dispute are also asked to present their views during the same meeting. Any rebuttals between
the parties shall be made at the subsequent meeting of the panel. Here, the responding party shall be the
first to respond against the complaining party. The parties, before that meeting, have to submit their written
rebuttals to the panel. The panel, if they consider necessary, put any questions before the parties to be
answered in the duration of that meeting.

Where after the examination, a solution has been reached between the parties, the panel shall submit a
written report to the Dispute Settlement Body which shall have a brief description of the case along with
the solution which has been reached. Where the solution has not been found, the panel shall send a written
report to the Dispute Settlement Body mentioning its findings of the case and recommendations, if any, it
makes.

The report has to be sent within six months of its examination. In case of urgency, including the case of
perishable goods, the report has to be sent within three months. The maximum period during which the
report has to send is nine months from the establishment of the panel.

Stage 5: Interim report (Article 15 of the DSU)

Following the oral arguments and rebuttal that has been performed and examination has been made, the
panel shall issue a draft report to the parties. The parties have to submit their comments in writing after
receiving the draft report within the period set by the panel.
After the expiration of the said period for receiving the comments from the parties, the panel shall issue an
interim report, including its findings in the draft report and its new findings and conclusion. Both the parties,
within the time given the panel may submit its written request to revise its interim report accordingly.

At the request made by the parties, the panel shall call for a further meeting to discuss the comments made
by the parties to the dispute. If both the parties are satisfied with the solution reached, then such a revised
interim report shall be the final panel report and is circulated among the members.

In case, the parties are not satisfied with the outcome of the report reached then any objections of the
members shall be considered at the meeting of the Dispute Settlement Body. Such objections have to be
reported at least 10 days before the meeting of the Dispute Settlement Body.

The final report shall be adopted by the Dispute Settlement Body within 60 days from the date panel report
is circulated to the members unless any party to the dispute is unsatisfied with such report and notifies its
decision of appeal to Dispute Settlement Body or the Dispute Settlement Body unanimously decides not to
adopt such report, as the case may be. In case of an appeal, the report shall deem to be invalid for adoption
by the Dispute Settlement Body unless the Standing Appellate Body provides its Appellate Body Report.

Stage 6: Appeal (Article 17 of the DSU)

Either of the parties unsatisfied with the ruling of the panel report can appeal to the Standing Appellate
Body established by the Dispute Settlement Body. Only parties to the dispute can appeal to a panel report
and not the third parties. Third parties can be allowed to be heard only in case such third party has notified
in writing to the Dispute Settlement Body of its substantial interest in such dispute.

The proceeding of the Appellate Body shall not exceed 60 days from the date a party to the dispute notifies
its intention of appealing to the Appellate Body to the Dispute Settlement Body. In case of delay, the
maximum period granted to the Appellate Body is 90 days. The Appellate Body has to submit in writing to
the Dispute Settlement Body its reasons for the delay together with the period within which the final
decision is notified.

The Appellate Body will not re-examine any shreds of evidence, issues or previous arguments but its
examination shall be limited to laws covered in the panel report or legal interpretation evolved by the
panellists. The Appellate Body has the power to uphold, modify or reverse the panel report and provide a
conclusive report.

Stage 7: Acceptance of report by Dispute Settlement Body (Article 30 of the DSU)

The Dispute Settlement Body has to either accept the Appellate Body report or reject it within a maximum
period of 30 days after receiving such a report. The report can only be rejected unanimously.

Time framework for Dispute Settlement

STAGE PERIOD

Consultation 60 days

Establishment of panel and selection of Panellists 45 days

 Panel report to parties 6 months

Final panel report to WTO members 3 weeks

Dispute settlement body adopts report (without appeal 60 days

Total time (without appeal) 1 year

Appellate body report (if an appeal is made) 60-90 days

Dispute settlement body adopts appellate body report 30 days

Total time (with the appeal) 1 year 3 months

Show more

The Director-General

 The Director-General of WTO in his official capacity assists both the parties in settling their
disputes by providing his good offices, conciliation, and mediation. (Article 5.6 of the DSU)

 In a dispute settlement case involving a least-developed country where a settlement of the dispute
through consultation is a failure, such least-developed member nation may request the Director-
general to provide his good offices, conciliation, and mediation before requesting for establishment
of the panel. The Director-General, when considered satisfactory, will provide his good offices,
conciliation, and mediation to settle the dispute between the parties. (Article 24.2 of the DSU)

 When there are no panellists appointed by either of the parties to dispute, the Director-General, at
the request of either party, in consultation with the Chairman of Dispute Settlement Body and
Chairman of the relevant Council or Committee, appoints panellists as he considers appropriate.
(Article 8.7 of the DSU)

WTO Secretariat (Article 27 of the DSU)

The Secretariat has the responsibility to select panellists for the panel. It must provide a panel with all the
support they need.

The Secretariat also help member countries in dispute by offering legal assistance by making an available
qualified legal expert from the WTO to the members.

The Secretariat also conducts special training courses for members interested in the dispute settlement
mechanism.

Panel
The panel established in the second meeting of Dispute Settlement Body, are bodies responsible for
adjudicating disputes between the parties.

Composition of the panel:

The panel generally consists of three panellists but can be a maximum of five, if the parties consider it
necessary. (Article 8.5 of the DSU)

The Panel shall consist of well-qualified governmental and non-governmental individuals, including the
persons who have served a panel or presented a case to a panel. The panellists shall be from amongst the
persons who have served as a representative of a member or a contracting party to GATT, 1947 or as a
representative to the Council or Committee of any covered agreement or its predecessor agreement, or in
the Secretariat, taught or published on international trade law or policy, or served as a senior trade policy
official of a member.

The parties at dispute can select any individual having the above-mentioned qualifications from the list
created by the Secretariat to the panel to resolve their dispute. (Article 8.1 of the DSU)

Dispute Settlement Body (DSB)

Dispute settlement Body is a body established for resolving the disputes between the conflicting parties by
overseeing the entire dispute settlement mechanism. The General Council of WTO, which carry out the
functions of the Ministerial Conference, renders its obligations under the Dispute Settlement Understanding
through Dispute Settlement Body. (Article 4.3 of the WTO agreement)

Composition (Article 4.3 of the WTO agreement)

The Dispute Settlement Body consists of a Chairman and representatives of all WTO members (usually
government representatives). [1] The Chairman is usually a leader of the permanent mission of one of the
member countries of WTO. The Chairman is elected with the consent of all WTO members. [2]

Functions 9 (Article 2 of the DSU)

 The main function of the Dispute Settlement Body is to administer the rules and procedures which
are provided in the Dispute Settlement Understanding.

 It has the authority to establish a panel for adjudication of the dispute between the parties in the
meeting of Dispute Settlement Body unless it is decided in that meeting not to establish a panel.

 It has to adopt the panel or Appellate Body reports to make these reports binding on both the parties
to the dispute.

 The parties must comply with the rulings and recommendations of the Dispute Settlement Body.
The Dispute Settlement Body will scrutinize the application of adopted recommendations and
rulings by the parties. If the parties do not comply with these recommendations and ruling within
a prescribed period then measures in the form of compensation and termination of concessions will
be adopted by the Dispute Settlement Body. (Article 21.6 and 22.1 of the DSU)

Time-frame for the decision of Dispute Settlement Body (Article 20 of the DSU)

 Where no appeal is preferred by the parties

The Dispute Settlement Body has to render its decision within nine months (i.e., the period starting from
the date of establishment of panel till the adoption of the panel or appellate body report by the Dispute
Settlement Body). If there is a delay on the part of the panel or Appellate Body in providing its report, then
additional period granted will be added to nine months.

 Where an appeal is preferred by the parties

Where the panel report or the Appellate body report is appealed by the parties, then the Dispute Settlement
Body has to give its decision within 12 months and if there is any delay in providing the reports, then such
an additional period granted will be added to 12 months.

Standing Appellate Body (Article 17 of the DSU)

The Dispute Settlement Body shall be responsible for the establishment of the Appellate Body. Where the
parties are not satisfied with the decision of the panel report, then either of the parties may appeal to the
Appellate Body who shall prove his award in the form of Appellate Body report which shall ultimately be
adopted by the Dispute Settlement Body.

The Appellate body consists of seven persons. But only three of them shall serve in one case. These three
people shall be selected based on rotation. The appointed person shall be in service for four years and can
be re-appointed once. Therefore, a member can serve for a maximum of eight years. The persons comprising
the Appellate body shall be persons of a recognized authority having expertise in the field of law,
international trade and subject matter of the agreement in dispute. The person shall not be part of any
governmental service. They shall be made themselves available till the end of the dispute.

Arbitration (Article 25 of the DSU)

The parties to a dispute can refer a dispute to arbitration as an alternative means for the settlement of their
dispute. Referring a dispute to arbitration shall be made with the mutual consent of both the parties. Third
parties can be a party to a dispute only after the mutual consent of the parties in arbitration. The arbitral
awards are binding on both the parties and are not appealable. The arbitral award shall be notified to the
Dispute Settlement Body and the Council or Committee.

Panel Proceedings in WTO Dispute Settlement:

1. General Purpose and Role of Panels: Panels play a central role in the WTO dispute settlement system.
Their primary purpose is to assist the Dispute Settlement Body (DSB) in fulfilling its responsibilities under
the Dispute Settlement Understanding (DSU). According to Article 11, panels are tasked with making
an objective assessment of the facts and the law, aiming to provide findings that will help the DSB make
recommendations or rulings as per the covered agreements. Additionally, panels are required to consult
regularly with the parties involved to help facilitate a mutually satisfactory solution (Article 11).

2. Requesting a Panel: The process for requesting a panel requires a decision from the DSB. However,
since the DSU established that a panel request can only be refused if there is consensus among all members,
there is effectively a right to a panel. This means that no single state can block the process unilaterally.
Further, the DSU stipulates that the necessary decision to establish a panel should be made promptly
(Article 6(1)).

3. Composition of the Panel: The composition of panels is crucial to ensuring fairness and independence.
Article 8 outlines the qualifications of panel members, which include relevant governmental or non-
governmental experience. The WTO Secretariat maintains a list of qualified individuals, detailing their
areas of expertise (Article 8(4)). The panel is generally composed of three members, but five members
can be chosen if both parties agree (Article 8(5)).
  The selection process ensures independence and a diverse background. Panelists must have a
wide spectrum of experience (Article 8(2)).

 If the dispute involves a developed and developing country, the developing country may request
that the panel include at least one panellist from a developing country (Article 8(10)).

 Nationals of the parties to the dispute are ineligible to serve on the panel, unless agreed by both
parties. The same applies to nationals of third parties intervening in the dispute (Article 8(3)).

 If there are disputes about the panel's composition, the Director-General of the WTO, in
consultation with the Chairman of the DSB and the parties, makes the necessary appointments
(Article 8(7)).

4. Panel Independence and Conduct: To preserve independence and impartiality, panellists serve in their
individual capacities, not as representatives of their governments or organizations. The Rules of Conduct,
adopted in 1996, address issues such as independence, impartiality, and confidentiality. Panellists must
disclose any information that could raise concerns about their impartiality, such as financial or family
interests, or prior opinions (Article 8(6)).

5. Multilateral Disputes: Given that many WTO disputes involve multiple parties, the DSU allows for the
following provisions:

 If multiple members request the establishment of a panel on the same matter, one panel should
examine the case wherever possible, taking into account the rights of all concerned parties (Article
9(1)).

 Any member with a substantial interest in the case must be given the opportunity to make written
submissions and be heard by the panel (Article 10(2)). This is similar to the intervention
provisions seen in other international judicial bodies (like the International Court of Justice,
Articles 62 and 63).

6. Panel Procedures and Timelines: The DSU sets strict timelines for panel proceedings:

 Normally, the panel must deliver its final report within six months. In urgent cases, this period is
reduced to three months (Article 12(8)).

 The panel can suspend its work at the request of a complaining party, for up to 12 months
(Article 12(12)).

 Submissions from the parties are made consecutively in the initial stages, with simultaneous
submissions possible in specific cases (Article 12(6)).

 Throughout the process, the panel's deliberations and documents are confidential.

7. Expert Advice and Information: Since many trade disputes involve technical matters, the DSU grants
panels the right to seek information and specialist advice from any source (Article 13(2)). Panels can
request an advisory opinion from an expert review group. These groups must consist of individuals with
professional standing and experience and must act independently. Nationals of the parties to the dispute
are typically excluded from serving on these groups, but they can be included in specific cases.

Before issuing a final report, the expert review group must first submit a draft report to the parties for
their comments. The group’s final report is advisory only and is considered by the panel (Article 13(2)).

8. Draft and Final Reports: The panel’s report follows a three-stage process:
 1. After receiving written submissions and hearing oral arguments, the panel sends the descriptive
sections of the draft report (facts and parties’ arguments) to the parties for comments.

2. The panel then issues an interim report that includes both the descriptive sections and the panel's
findings and conclusions.

3. After considering comments on the interim report, the panel issues its final report (Article 15(2)).
If the dispute has been resolved, the report will briefly state the settlement (Article 12(7)).

If a developing country is involved in the dispute, the final report must clearly indicate how the panel took
into account the differential and more favorable treatment provisions for developing countries (Article
12(11)).

9. Adoption of the Panel Report: Once the final report is issued, it is submitted to the DSB for
consideration. Members of the WTO can object to the report, provided they give written reasons.
However, the DSB must adopt the report within 60 days, unless:

 There is a consensus not to adopt it.

 A party has notified its intention to appeal the report.

The ability of a state to block the adoption of a report has been removed. If a party disagrees with the panel's
findings, it must invoke the appeal process to challenge the decision (Article 16).

Key Articles Referenced:

 Article 6(1): Ensures prompt decision-making when establishing a panel.

 Article 7(1): Standard terms of reference for panel proceedings.

 Article 8: Outlines the qualifications and selection process of panel members.

 Article 9(1): Allows the use of one panel when multiple members are involved in the same dispute.

 Article 10(2): Ensures members with substantial interests can intervene in panel proceedings.

 Article 11: Defines the primary role of panels in objectively assessing facts and law.

 Article 12(8): Specifies the timelines for panel reports (6 months, 3 months for urgent cases).

 Article 12(12): Allows panels to suspend proceedings for up to 12 months.

 Article 13(2): Grants panels the right to request expert advice and set up advisory opinion groups.

 Article 15(2): Outlines the process for issuing draft, interim, and final panel reports.

 Article 16: Describes the appeal process and the timeline for adopting panel reports.

I understand now that you're asking for a detailed, article-based explanation of the Appellate Review under
the WTO system, with all key provisions and their corresponding articles.

Let me break this down step-by-step, while including relevant articles of the Dispute Settlement
Understanding (DSU):
Appellate Review under the WTO Dispute Settlement System

1. Background and Key Changes in the WTO System (Articles 16-18):

 GATT System: Under the GATT dispute settlement procedure, panel reports were submitted to
the GATT Council. These reports were approved only if there was consensus among the
contracting parties.

 WTO System: In contrast, under the WTO system, reports from panels are automatically adopted
unless there is consensus not to do so (Article 16). This change makes the process more automatic,
reducing the ability of parties to prevent the adoption of the panel report.

 Why Appellate Review?: Given the increased significance of panel reports and the new procedures
for their implementation, an Appellate Body was considered necessary. The Appellate Body
reviews panel reports to ensure fair and accurate interpretation and application of WTO law.

2. The Appellate Body (Articles 17(1), 17(3)):

 Composition: The Appellate Body consists of seven members, with three members selected for
each case (Article 17(1)).

 Term and Appointment: Members serve a four-year term and can be reappointed only once.
They are appointed by the Dispute Settlement Body (DSB) (Article 17(1)).

 Criteria for Appointment: Appellate Body members must be individuals of “recognized

authority” with expertise in law, international trade, and the subject matter of the covered
agreements (Article 17(3)).

 Independence: Members must be independent and are expected to be available at short notice.
They cannot participate in cases where there is a conflict of interest (Article 17(3)).

3. Jurisdiction of the Appellate Body (Article 17):

 Appeal Process: The Appellate Body hears appeals from panel cases. Only parties to the dispute
can appeal, although third parties may submit their views in both panel and appellate proceedings
(Article 17(6)).

 Scope of Review: The Appellate Body is limited to issues of law raised in the panel report and the
legal interpretation developed by the panel. This is an important restriction, as panel reports
often contain extensive findings of fact, which are not subject to appeal (Article 17(6)).

 Outcome of Appeals: The Appellate Body can uphold, modify, or reverse the legal findings of
the panel (Article 17(13)).

 Time Limit: The Appellate Body must issue its reports within 60 days from the notice of appeal,
with a maximum of 90 days (Article 17(5)).

4. Adoption of Appellate Reports (Article 17(14)):

 Once the Appellate Body issues its report, it is submitted to the DSB for adoption. The report is
adopted automatically unless there is consensus not to adopt it within 30 days of its issuance
(Article 17(14)).
  This emphasis on speed ensures that decisions are made in a timely manner and are not delayed by
lengthy procedural steps.

5. Rules of Procedure for the Appellate Body (Article 17(9)):

 Working Procedures: Article 17(9) mandates that the Appellate Body, in consultation with the
Chairman of the DSB, must establish its own working procedures.

 Key Aspects of the Procedures:

o Independence and Impartiality: The Appellate Body's rules emphasize independence

and impartiality (working procedures).

o Rotation and Collegiality: While three members are selected to hear a case, all members
have access to the documents and may comment on the case (Rules 4.2, 4.3). This allows
for a collegial decision-making process that combines rotation and coherence.

6. The Gasoline Case – First Appellate Review (1996):

 The first case referred to the Appellate Body was the United States – Gasoline Standards case
(1996). In this case, the Appellate Body reviewed the panel’s findings on the discriminatory
treatment of imported gasoline compared to domestic gasoline under U.S. law.

 While the Appellate Body rejected the panel's reasoning on environmental measures (under Article
XX exceptions), it upheld the finding that the U.S. rules were discriminatory and thus in violation
of the GATT 1994. This case illustrated the Appellate Body’s role in clarifying legal issues and
ensuring consistent interpretation of WTO agreements.

7. Implementation of Panel and Appellate Body Recommendations (Article 19(1), Article 21, Article
22):

 Article 19(1): When a panel or Appellate Body finds that a measure is inconsistent with a covered
agreement, it recommends that the member bring its measure into compliance.

 Surveillance and Timeframe (Article 21):

o Members must inform the DSB within 30 days of adopting a report about their intentions
regarding implementation.

o If immediate compliance is not possible, a reasonable period is allowed for compliance,

not exceeding 15 months (Article 21(3)(c)).

o If a dispute arises over whether the member has complied, it is resolved through further
procedures, often involving the original panel (Article 21(5)).

 Remedies (Article 22):

o If the recommendations are not implemented within the reasonable period, compensation
or suspension of concessions may be requested (Article 22(1)).

o Suspension of concessions is a form of countermeasure to ensure compliance, while

compensation involves trade concessions in the form of compensation for the loss caused
by the non-compliance (Article 22).
Key Articles to Remember:

 Article 17: Addresses the Appellate Body, its composition, and its functions.

 Article 17(5): Specifies the timeframe for appellate proceedings.

 Article 17(14): Outlines the adoption of the Appellate Body’s reports by the DSB.

 Article 19(1): Discusses the recommendations for implementation following a panel or Appellate
Body report.

 Article 21: Describes the timeframe for compliance and the surveillance process.

 Article 22: Explains compensation and the suspension of concessions as remedies when rulings
are not implemented.

By focusing on these articles, you can better understand how the Appellate Body functions within the
WTO Dispute Settlement System and how disputes are ultimately resolved, including the enforcement
and compliance stages.