DISPUTE SETTLEMENT SYSTEM TRAINING MODULE: CHAPTER
5
Possible Object of a Complaint
— Jurisdiction of Panels and the Appellate Body
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5.4
Measures taken by regional or local subdivisions of a Member
Under traditional public international
law, subjects of international law, typically States, are responsible for the
activities of all branches of government within their system of governance,
and also for all regional levels or other subdivisions of government. This
principle also applies in (WTO)
law, except where the covered agreements expressly deal with this question
and exclude acts taken by regional or local governments from the coverage of
certain obligations. Article
22 of the DSU specifically
confirms that the dispute settlement system can be invoked in respect of measures
taken by regional or local governments or authorities within the territory
of a Member. There are particular rules, however, applying in the implementation
phase. Where a measure taken by a regional or local authority is inconsistent
with a provision of a covered agreement, the Member must take such reasonable
measures as may be available to it to ensure observance (Article
22.9 of the DSU, Article
XXIV:12 of GATT 1994 and Article
I:3(a) of the GATS).1Article
14 of the TBT Agreement
attributes to Members acts of non-governmental organizations regulated by the
Agreement.2
