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هیات تجدیدنظر، رکن حل اختلاف
This to some extent replaces some of the procedures previously used, which required GATT Council approval.18 Thus, the stage-one rulings and recommendations issued by the panel will be deemed adopted by the Dispute Settlement Body (DSB), except where there is a consensus to the contrary or one of the disputing parties appeal.19 We briefly discuss below why WTO members have made such extensive use of the WTO appeal system.
The WTO DSB is the only international third party adjudicative body in the area of international economic law that functions effectively to resolve trade disputes.46 Indeed, the WTO appellate structure has been successful in providing security and predictability to the multilateral trading system because of the speed at which it operates47 and the number of panel reports it has successfully reviewed, among other things.48 Thus, for proponents of an ICSID appellate system, consistency and legitimacy considerations should override those relating to procedural regularity.49
As is well understood, panel requests are usually made to the WTO DSB, which almost automatically adopts the panel and AB reports.
This collegiate style of dispute settlement by a standing body has been viewed as the touchstone of consistency and the reduction in the unpredictability of WTO decisions.104 As noted above, the existence of the AB has enhanced the coherence, security and predictability of the multilateral trading system.105 Although the AB is largely a quasi-judicial institution in the sense that its decisions are not final since they are subject to approval by the DSB, in practice the DSB does not overturn its decisions.106 This consistency is achieved by means of the principles of 'reverse consensus' or 'consensus against' under which the AB's decision is reversed only if the members of the DSB reach a consensus against adoption.
Boude in the latter piece systematically identified cases where the WTO Dispute Settlement Body has not been consistent in its distinction between a positive rule and an exception.،In the absence of an independent Dispute Settlement Body (DSB) and the procedural consensus requirement in the GATT, panels could easily be influ- enced by strong powers like the United States.
The avoidance of WTO litigation in this case seems to have engendered a learn- ing effect to the WTO Members, implying that the WTO DSB is still not much dif- ferent from the GATT in its capacity to address national security matters.
Doubting the capability of the WTO DSB on security concerns, Members have mostly refrained from utilizing the WTO as a forum to deal with measures adopted for national security interest purposes.
The establishment of the WTO was a groundbreaking event which created an inde- pendent organization fully responsible for trade matters, especially through strengthening an effective DSB with its jurisdiction over the 'covered agreements'.
However, at the same time, when the conflicts are framed as trade dis- putes and lead to panel procedures under the WTO DSB, the characteristics of the dispute naturally induces conflicts in trade interests that should be sufficiently dealt within the WTO and be developed through case rulings.
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