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CANADIANS NOMINATED TO WTO ROSTER

May 25, 1999 (10:15 a.m. EDT) No. 119

CANADIANS NOMINATED TO WTO ROSTER

International Trade Minister Sergio Marchi announced today that he has nominated 18 prominent Canadians to the roster of panellists of the World Trade Organization's (WTO) dispute settlement system.

The roster, called the Indicative List of Panellists, is composed of individuals recognized for their expertise in international trade. Panellists are drawn from the Indicative List to adjudicate international trade disputes between member countries. The WTO renews the Indicative List every two years.

"I am very pleased to propose these respected Canadian trade experts for the important work of WTO dispute settlement," Minister Marchi said. "Trade is crucial to Canada's prosperity. As a middle power, Canada is best served by a system based on rules rather than power, one that provides certainty and predictability for trade."

Eight of the 18 Canadian panellists are new nominees. They are Meriel V. M. Bradford, Vice-President of Government and Regulatory Affairs for Teleglobe Canada; Catherine A. Brown, Professor of Law at the University of Calgary; Dr. Patricia M. Close, Vice-Chair of the Canadian International Trade Tribunal; Anthony Eyton, Consultant with ARA Consulting Group; Kirsten M. Goodwin, Trade Lawyer with Thomas & Davis; Lawrence L. Herman, Barrister and Solicitor with Cassels Brock & Blackwell; Kathleen E. Macmillan, Economist and Policy Analyst with International Trade Policy Consultants; and Gordon Ritchie, President and CEO of Strategico Inc.

Previous appointees whose terms have been renewed are Ivan Bernier, Professor of Law, Université Laval; Peter Clark, Partner, Grey, Clark, Shih and Associates; Armand de Mestral, Professor of Law, McGill University; Randolph Gherson, Trade and Foreign Policy Advisor; Anthony L. Halliday, Trade Consultant; W. Roy Hines, Trade Consultant; Donald McRae, Professor of Law, University of Ottawa; Dr. Sylvia Ostry, Distinguished Research Fellow, Centre for International Studies, University of Toronto; Christopher Thomas, Partner, Thomas & Davis; and Gilbert R. Winham, Professor of Government and Political Science, Dalhousie University.

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A brief backgrounder on the WTO dispute settlement process is attached.

For further information, media representatives may contact:

Leslie Swartman

Office of the Minister for International Trade

(613) 992-7332

Media Relations Office

Department of Foreign Affairs and International Trade

(613) 995-1874

Backgrounder

WORLD TRADE ORGANIZATION DISPUTE SETTLEMENT PROCESS

The purpose of the WTO dispute settlement process is to settle international trade disputes between member countries as defined by the rules of the World Trade Organization and its multilateral trade agreements.

The World Trade Organization's dispute settlement system is the central pillar of the multilateral trading system. The Dispute Settlement Body (DSB) administers the Dispute Settlement Understanding (DSU). The DSU is based on clearly defined rules and a set timetable for completing a case.

Typically, a dispute arises when one country adopts a trade policy measure or takes some action that one or more fellow WTO Members views as non-compliant with WTO obligations. Once a complaint is launched, the priority is to settle the dispute through consultations. If these do not lead to resolution of the dispute, the panel process is activated. At that point, other Members may declare that they have an interest in the case and join the panel proceedings as third parties.

The panel rules have been set up to ensure that cases are reviewed thoroughly and without undue delay. They also ensure that all WTO Members with an interest in a dispute are heard. Members of dispute settlement panels are ordinarily selected from the Indicative List of Panellists, a roster of well-qualified candidates from member countries.

Rulings made by the panel are endorsed or rejected by the WTO's full membership. Disputing parties may appeal panel rulings on the basis of points of law. Appeals to a decision are sent to the WTO's Appellate Body. Appellate Body findings are automatically adopted by the DSB.

If a WTO dispute settlement panel rules against a member country, that country must comply with the panel's findings within a set time period. If it does not comply, the complaining party can then seek authority from the Dispute Settlement Body to retaliate.


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