S.1438 - WTO Dispute Settlement Review Commission Act104th Congress (1995-1996)
|Sponsor:||Sen. Dole, Robert J. [R-KS] (Introduced 11/30/1995)|
|Latest Action:||12/04/1995 Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 253.|
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Subject — Policy Area:
- Foreign Trade and International Finance
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Summary: S.1438 — 104th Congress (1995-1996)All Bill Information (Except Text)
Introduced in Senate (11/30/1995)
WTO Dispute Settlement Review Commission Act - Establishes the WTO Dispute Settlement Review Commission to review all adverse reports of dispute settlement panels and the Appellate Body adopted by the Dispute Settlement Body of the World Trade Organization (WTO) which result from a proceeding initiated against the United States by a WTO member, or (but only at the request of the U.S. Trade Representative) in which the United States is a complaining party.
Requires the Commission to determine whether the panel or the Appellate Body: (1) demonstrably exceeded its authority; (2) added to the obligations, or diminished the rights, of the United States under the Uruguay Round Agreement; (3) acted arbitrarily or capriciously, engaged in misconduct, or demonstrably departed from proper procedures; and (4) deviated, in its report, from the applicable standard of review. Requires the Commission to make an affirmative determination with respect to the action of a panel or the Appellate Body if it determines that: (1) any of the above occurred; and (2) the action of such panel or the Appellate Body materially affected the outcome of its report.
Urges the President, upon enactment of a joint resolution directing such action, to negotiate to amend or modify the rules and procedures of the Uruguay Round Agreement with respect to any affirmative report submitted to the Congress concerning the action of a panel or the Appellate Body. Provides for a joint resolution withdrawing congressional approval of the WTO agreement, ending U.S. participation in the WTO, if: (1) there are three affirmative reports submitted to the Congress during the preceding five-year period; and (2) negotiations to remedy the problems in such reports are no longer in the national interest.