By Stefan Griller
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Extra info for At the Crossroads - The World Trading System and the Doha Round
Other treaties/standards exappeal; not to invoke the DSU plicitly referred to in the WTO treaty 2. Rulings/recommendations 2. Another treaty with exclusive jurisdiction under another treaty specifically imposing/permitting the measure at issue 3. Another treaty impos3. Another treaty with choice ing/permitting the measure at of forum but making any issue choice exclusive 4. Another treaty with compul- 4. Another treaty impossory (though not exclusive nor ing/permitting the measure at exclusionary) jurisdiction issue on condition that this 5.
The subsequent ILO recommendation was the very first case where sanctions were called for under Article 33 of the ILO Constitution since the ILO’s creation in 1919. 100 If Myanmar – a member of the WTO – were now to challenge those embargoes, could the WTO member imposing the embargo not rely on the ILO recommendation so as to justify any potential WTO violations? In my view, this should be possible: Myanmar, as all ILO members, agreed to the ILO dispute settlement mechanism; See, supra footnote 93.
Under GATT Arts. XX and/or XXI). 102 The EC, for example, often includes such provisions in its agreements with third states, see Bartels (2002). How to Win a WTO Dispute Based on Non-WTO Law? 41 C. WTO Violations Permitted (or Even Imposed) Pursuant to the Provisions of Another Treaty When another court, tribunal or commission has previously found that a trade measure is justified under another treaty, it is relatively easy for a WTO panel to give effect to such ruling: the justification under non-WTO law is then decided upon not by the WTO panel, but by the actors in charge of the other treaty.
At the Crossroads - The World Trading System and the Doha Round by Stefan Griller