This summary has been prepared by the Secretariat under its own responsibility. The summary is for general information only and is not intended to affect the rights and obligations of Members.
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> Text of the Dispute Settlement Understanding
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Current status back to top
Key facts back to top
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Agreements cited:
(as cited in request for consultations) |
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| Request for Consultations received: |
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Summary of the dispute to date back to top
The summary below was up-to-date at
Consultations
Complaint by the European Communities.
This request, dated 20 June 1997, is in
respect of an Act enacted by the Commonwealth of Massachusetts on 25
June 1996, entitled Act regulating State Contracts with companies doing
Business with Burma (Myanmar). The Act provides, in essence, that public
authorities of the Commonwealth of Massachusetts are not allowed to
procure goods or services from any persons who do business with Burma.
The EC contends that, as Massachusetts is covered under the US schedule
to the GPA, this violates Articles VIII(B), X and XIII of the GPA
Agreement. The EC also contends that the measure also nullifies benefits
accruing to it under the GPA, as well as impeding the attainment of the
objectives of the GPA, including that of maintaining balance of rights
and obligations.
Panel and Appellate Body proceedings
On 8 September 1998, the EC requested the establishment
of a panel. At its meeting on 21 October 1998, the DSB established a
panel. Japan reserved its third-party right. The DSB agreed that
pursuant to Article 9.1 of the DSU, a single panel would examine this
dispute together with WT/DS95. At the request of the complainants,
dated 10 February 1999, the Panel agreed, pursuant to Article 12.12 of
the DSU, to suspend the panel proceedings.
Withdrawal/termination
Since the panel was not requested to resume its work, pursuant
to Article 12.12 of the DSU, the authority for establishment of the
panel lapsed as of 11 February 2000. |
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