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Journal of International Economic Law 2000 3(3):553-558; doi:10.1093/jiel/3.3.553
© 2000 by Oxford University Press
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The Article 21.5/22 problem: clarification through bilateral agreements?

SA Rhodes

Bryan Cave LL.P., 700 Thirteenth Street, NW, Washington, DC 20005-3960, USA E-mail: sarhodes@bryancave.com

To date, issues of non-compliance and retaliation have arisen in only a handful of WTO dispute settlement cases. In these cases, the parties have confronted procedural issues stemming from the lack of clarity of Articles 21.5 and 22 of the Dispute Settlement Understanding. A draft DSU text has been proposed, but not adopted. Until these provisions are clarified, WTO Members continue to operate under the existing vague rules. Faced with implementation problems, the parties to disputes have resorted to bilateral agreements governing the procedures of their dispute. This note surveys these bilateral agreements, with a view to identifying the different solutions developed to resolve the interpretation of Article 21.5 and its relationship to Article 22. It focuses on three aspects of these agreements, namely, sequencing, appeal, and procedural objections.


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