- •1.Historical development of international human rights law
- •2.Nature of human rights. Categories of rights
- •Human Rights of First Generation: International Covenant on Civil and Political Rights
- •Human Rights of Second Generation: International Covenant on Economic, Social and Cultural Rights
- •Human Rights of Third Generation: Collective Rights
- •3.Protection of human rights at the international (global) level
- •4.Core universal human rights treaties
- •6.Protection of human rights under the International Covenant on Civil and Political Rights
- •7.The Inter-American Commission and Inter-American Court of Human Rights. Practice and procedure
- •Inter-American Court of Human Rights
- •8.The role of the International Court of Justice in the development of human rights protection
- •9.The access of individuals to international justice
- •10.The protection of human rights within the European Union
- •11.The main Council of Europe conventions in the sphere of human rights
- •12.Jurisdiction of the European Court of Human Rights
- •Inter-state cases
- •13.The structure and the composition of the European Court of Human Rights
- •14.Enforcement of the European Court of Human Rights’ judgments
- •15.Procedure before the European Court of Human Rights
- •16.Permanent Court of Arbitration and ad hoc arbitrations
- •17.Establishment and work of the Iran – u.S. Claims Tribunal
- •18.Organization and jurisdiction of the International Tribunal for the Law of the Sea
- •19.The role of the International Court of Justice in settlement of disputes under the un Convention on the Law of the Sea 1982
- •20.Arbitration tribunals under the Annex VII to the un Convention on the Law of the Sea 1982
- •21.Arbitration tribunals under the Annex VIII to the un Convention on the Law of the Sea 1982
- •22.System of settlement of trade disputes under the 1947 gatt
- •23.Dispute Settlement Understanding of 15 April 1994
- •24.Role of consultations, bon offices, conciliation and mediation for dispute settlement in gatt/wto.
- •25.Work of wto Dispute Settlement Body. Procedure in the panels
- •27.General characteristic of settlement of disputes in the Commonwealth of Independent States
- •28.Organization and jurisdiction of the International Court of Justice
- •29.Organization and jurisdiction of the International Criminal Court
- •30.Organization and jurisdiction of the international criminal tribunals ad hoc established by the un Security Council
- •31.Definition and applicability of international humanitarian law
- •32.Protected persons and objects under international humanitarian law
- •33.Protection of wounded, sick and shipwrecked under international humanitarian law
- •34. Protection of prisoners of war under international humanitarian law
- •35. Protection of civilians under international humanitarian law
- •36.Main rules of international humanitarian law concerning means and methods of warfare
- •37.War crimes under international humanitarian law: development and modern system
- •38.Genocide as a crime under international law
- •39.Crimes against humanity under international law
- •40.Aggression as a crime under international law
- •41.Main stages of the international criminal procedure
- •43.Main institutions of international commercial arbitration
- •44.The arbitration agreement of parties to an international commercial contract
- •45.Laws and rules applicable to international commercial arbitration
25.Work of wto Dispute Settlement Body. Procedure in the panels
DSB
To deal with the problem of political interference, the role formerly carried out by the GATT Council is assigned to a new organ called the Dispute Settlement Body (DSB). Although still made up of states, the DSB can refuse to establish a panel, or decline to approve a report, only if there is a consensus; these actions therefore become virtually automatic. Since this change effectively removes the political check on panel procedures, an appellate procedure is included as a further innovation.
Procedure in the panels
In the GATT/WTO system, the mechanism for obtaining independent decisions is through panel proceedings. The purpose of panels is to assist the Dispute Settlement Body in discharging its responsibilities under the DSU. This means that when a case is referred to a panel it is required to make an objective assessment of the facts and the law and to 'make such other findings as will assist the DSB in making the recommendations or in giving the rulings provided for in the covered agreements' (Article 11). A panel is also required to 'consult regularly with the parties to the dispute and give them adequate opportunity to develop a mutually satisfactory solution' (ibid.). It is therefore evident that panel proceedings have a special character, including, on the one hand, many of the typical features of arbitration, and, on the other, an underlying emphasis on conciliation.
The establishment of a panel requires a decision from the DSB, but a request can now be refused only if there is consensus. This means that there is effectively a 'right to a panel' and the procedure.
The qualifications of panel members, which include relevant governmental or nongovernmental experience,22 are laid down in Article 8(1).
Panel’s proceedings: written submission of the party- first substantive meeting with parties- written rebuttals- second substantial meetings – descriptive part of the report of the parties – parties comments- interim review- final report (to parties)- final report (to all members).
26.Appellate procedure in WTO. Execution of the decisions of the panels and Appellate Body in WTO
The Appellate Body is a standing organ consisting of seven individuals, of whom three, selected in rotation, serve for each case. The persons concerned are appointed by the DSB for a four-year term and may be reappointed, but only once. The Appellate Body's task is to hear appeals from panel cases. Only parties to the dispute may make such an appeal, but it will be recalled that, during panel proceedings, third parties can present submissions if they have notified the DSB of a substantial interest in the matter, and a similar right extends to appellate proceedings.
Appeals are limited to 'issues of law covered in the panel report and legal interpretation developed by the panel' (Article 17(6)). Since panel reports often contain extensive findings offact, this is an important restriction on the Appellate Body's functions. Its reports may 'uphold, modify or reverse the legal findings and conclusions of the panel' (Article 17(13)) and are subject to strict time-limits, the normal duration of proceedings being no more than sixty days from the notification of the intention to appeal and the maximum duration no more than ninety days (Article 17(5)).
Implementation of rulings and recommendations
Article 19(1) of the DSU concerns the results of the panel process and provides that, where a panel or the Appellate Body concludes that a measure is inconsistent with a covered agreement, it must recommend that the member concerned bring the measure into conformity with the agreement. In addition, the panel or Appellate Body may suggest ways in which the member could implement the recommendations. With adoption of the report of the panel or Appellate Body by the DSB now subject only to the negative consensus procedure, the question of implementation of recommendations and rulings received close attention during the negotiation of the DSU, and two quite detailed provisions finally emerged: Article 21, concerned with surveillance by the DSB, and Article 22, concerned with compensation and the suspension of concessions.