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Appointment of Executive Director of the Commission to Fourth Dispute Settlement Panel at the World Trade Organisation, Geneva, Switzerland

 

In early 2013, the Executive Director of the Anti-dumping and Subsidies Commission (the Commission), Mrs. Andrea Marie Dawes nee Brown was appointed to serve for a fourth time on a World Trade Organization (WTO) Dispute Settlement Panel.

 

Mrs. Dawes joined the Commission as Executive Director in September 2002.  She applied her prior experience in commercial law from thirteen years of general practice in Maryland and the District of Columbia in the United States, followed by a stint as a consultant in the Tax Administration Services Department in Kingston, Jamaica, to avid learning of this aspect of international trade. As she has led the Staff of the Commission, which supports the work of the Commissioners, to increasing recognition both regionally and internationally and a reputation of excellence in trade remedy administration, she has herself developed expertise which in 2007, resulted in her being appointed to sit on her first WTO dispute settlement panel.

 

The dispute settlement process of the WTO permits any WTO member to raise issues it may have with respect to trade measures implemented by other members and to seek to have their difficulties resolved.

 

The WTO notes, in papers available at www.wto.org, that

 

“The purpose of the WTO Understanding on Rules and Procedures Governing the Settlement of Disputes (the “DSU”) is to provide for an efficient, dependable and rule-oriented system to resolve, within the multilateral framework, disputes arising in relation to the application of the Marrakesh Agreement Establishing the World Trade Organization”. The Marrakesh Agreement Establishing the World Trade Organization, including its annexes, are referred to as the “WTO Agreement”, whereas the agreements composing it are referred to as the “WTO agreements”.

 

The papers on the website state that the system of settling disputes between Members of the WTO is “a central element in providing security and predictability to the multilateral trading system resulting from the Uruguay Round (Article 3.2 DSU).  Its aim is to secure positive resolutions to disputes.”

 

The WTO papers explain the adjudication available by Panel as follows:

 

“Adjudication under the DSU can be by a panel (Articles 6 to 16 DSU) or an arbitrator (Article 25 DSU). Panel reports may be subject to an appeal to the Appellate Body (Article 17 DSU). Panel and Appellate Body reports have to, where applicable, contain the recommendation that a measure which was found inconsistent with a WTO agreement be brought into conformity with that agreement. Panel and Appellate Body reports may suggest ways in which the Member concerned could implement the recommendations (Article 19 DSU).”

 

The Agreements to which the DSU applies are referred to as the “covered agreements.” The Commission is the agency of the Government of Jamaica, which is charged with the administration of the covered agreements relating to Trade Remedies (antidumping, countervailing and safeguard duties). Trade Remedies are measures that can be used to mitigate some negative effects of imports on a domestic industry.  Measures must be applied consistent with the Agreements.

 

Mrs. Dawes has served on three, and is currently serving on her fourth panel as follows:

 

Panel                 Name
DS350 United States – Continued Existence and Application of Zeroing Methodology
DS379 United States – Definitive Anti-Dumping and Countervailing Duties on Certain Products from China
DS425 China – Definitive Anti-Dumping Duties on X-Ray Security Inspection Equipment from the European Union
DS440 China – Anti-Dumping And Countervailing Duty Measures On

Certain Automobiles From The United States

 

See details at http://www.worldtradelaw.net/reports/wtopanels/wtopanels.asp

 

Jamaica could be justly proud that its expertise in the administration of international trade remedies was recognised in the initial appointment of the Commission’s Executive Director to a dispute settlement panel at the WTO.  The honour has been reinforced by her repeated appointments.  The Commission continues to work hard to distinguish itself in this niche of international trade and celebrates its accomplishment in the recognition internationally of its own home-grown expertise.

 

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Come back soon to read details of “How the WTO Dispute Settlement Panel Process Works.”

 

 

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The Antidumping and Subsidies Commission wishes to inform the public that its website is currently undergoing renovation work, with a view to be more useful and engaging for all stakeholders.  We apologise for any inconvenience that may arise from this necessary improvement process. We are working assiduously to complete the changes in the shortest possible time.

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THE ANTI-DUMPING AND SUBSIDIES COMMISSION

A portfolio agency of the Ministry of Industry, Investment and Commerce