Wto Agreement Part Ix

Uncategorized Apr 16

2. This article does not prevent a contracting party from imposing the importation of a product at any time: b) each contracting party holds or directs, as soon as possible, judicial, arbitration or administrative proceedings aimed, among other things, at reviewing or undertaking the review and correction of administrative customs measures. These jurisdictions or procedures are independent of the administrative enforcement bodies, and their decisions are enforced by these agencies and govern the practice of these agencies, unless an appeal to a higher court or court is filed within the time limit for importers; To the extent that the headquarters of that agency may take steps to review the matter in another proceeding, if there is reason to believe that the decision is inconsistent with established legal principles or actual facts. (b) contracting parties applying restrictions in paragraph (a) of this paragraph gradually relax them, as these conditions improve and are maintained only to the extent that the conditions under this paragraph still justify their application. They remove restrictions if the conditions no longer justify their establishment or subsistence under this paragraph. On the other hand, Article 31, paragraph 3, point a) of the Vienna Convention is a rule of interpretation of the treaty under which a contractual interpreter uses a subsequent agreement between the parties on the interpretation of a treaty provision as an interpretive instrument to determine the meaning of that provision of the treaty. … Interpretations developed by the courts and the appellate body in a dispute resolution procedure only involve the parties to a particular dispute. Article IX:2 of the WTO agreement does not prevent working groups and the appellate body from retracting a rule of interpretation of international law that they are entitled to apply under Article 3.2 of the DSU. 8. A contracting party who is not a member of the Fund provides this information within the general scope of Article VIII, paragraph 5, of the statutes of the International Monetary Fund, as the contracting parties may require for the performance of their duties under this agreement.

… We draw attention to the fact that the multilateral interpretations adopted in accordance with Article IX:2 of the WTO agreement, on the one hand, and subsequent interpretive agreements within the meaning of Article 31, paragraph 3, point a), of the Vienna Convention, perform different functions and have different legal effects under WTO law.

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