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Part III - Transparency as a Complement to Dispute Settlement

Information and Dialogue towards a Mutually Acceptable Solution

Published online by Cambridge University Press:  28 April 2020

Marianna B. Karttunen
Affiliation:
OECD, Paris
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Summary

Part III shows that even for trade conflicts that do not get solved in bilateral or multilateral dialogue, transparency is still an essential ‘complement’ to dispute settlement: transparency is often used in addition to formal dispute settlement procedures, either before, in parallel or after the proceedings have finished. Indeed, the SPS and TBT transparency mechanisms facilitate access to information and foster dialogue for all Members alike, thus providing equal access to understanding about domestic factual and legislative contexts behind trade frictions. If tensions persist, transparency can support Members in having the necessary information to raise and defend disputes. In parallel, discussions in STCs at the margins of formal dispute settlement can continue to serve as a basis for Members to work towards a mutually acceptable solution.

Type
Chapter
Information
Transparency in the WTO SPS and TBT Agreements
The Real Jewel in the Crown
, pp. 217 - 293
Publisher: Cambridge University Press
Print publication year: 2020

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