Single-undertaking

THE UWED, 0-2a-20 group AZIMOV OGABEK

1. We could say that The term "single-undertaking" refers to a fundamental principle within the World Trade Organization (WTO) and its predecessor, the General Agreement on Tariffs and Trade (GATT). This principle is explicitly mentioned in the WTO Agreement itself, specifically in Article IX:1, which states:
"The negotiations shall be directed to the attainment of the objectives of this Agreement and to the progressive harmonization, through successive rounds of negotiations, of tariff and other barriers to trade. 
The concept of the single-undertaking is further emphasized in the WTO Ministerial Declaration adopted in Doha in 2001. Paragraph 47 of the Doha Declaration states:
"We agree that negotiations will be conducted as a single undertaking, which means that nothing is agreed until everything is agreed”.
2. The criteria for customs territories to join the World Trade Organization (WTO) are outlined in the provisions of the WTO Agreement. Specifically, the criteria are detailed in Article XII of the WTO Agreement, which deals with the accession of countries or customs territories.
According to Article XII:1 of the WTO Agreement, any state or customs territory that is seeking to accede to the WTO shall submit an application to the General Council.
Article XII:2 states that the General Council, upon receiving an application, shall establish a working party to examine the application and the terms of accession proposed by the applicant.
3. The World Trade Organization (WTO) recognizes the specific needs and challenges faced by Least Developed Countries (LDCs) and provides them with special treatment and provisions under the WTO agreements.
General and Special Treatment for LDCs:
Article XVIII:B of the General Agreement on Tariffs and Trade (GATT) recognizes the need to take into account the special requirements and conditions of LDCs.
Special and Differential Treatment for Developing Countries:
The General Agreement on Trade in Services (GATS) recognizes the special needs and requirements of developing countries. Article IV:1 states that developing countries may maintain measures that are inconsistent with GATS obligations in specific sectors or modes of supply.
4. The status of a Least Developed Country (LDC) or Developing Country within the World Trade Organization (WTO) is not self-declared. Instead, it is determined through a specific process involving a designated WTO body.
The process for determining LDC status is governed by the United Nations (UN) and the Committee for Development Policy (CDP), which is an expert body established by the UN Economic and Social Council (ECOSOC).
5. In the context of the World Trade Organization (WTO), a "waiver" refers to an exceptional measure that allows a member country to temporarily deviate from its obligations under the WTO agreements. It provides flexibility by granting a specific exemption from certain rules or commitments for a defined period and specific purpose.
The concept of waivers is explicitly addressed in Article IX:3 of the WTO Agreement.
6. The Jackson-Vanik Amendment, enacted as part of the U.S. Trade Act of 1974, was initially designed to influence the trade relations between the United States and non-market economies that restricted the emigration rights of their citizens. While the amendment primarily targeted the Soviet Union at the time of its enactment, it has had implications for various countries, including Uzbekistan. The Jackson-Vanik Amendment tied trade benefits, particularly most-favored-nation (MFN) status, to the freedom of emigration.
7. Positive and negative consensus are two decision-making processes used within the World Trade Organization (WTO) to reach agreements among its member countries. These processes differ in their requirements for approval and play a crucial role in the functioning of the organization.
Positive Consensus:
Positive consensus refers to a decision-making process in which a proposal or agreement is adopted if it receives the explicit approval or consensus of all WTO members.
Negative Consensus:
Negative consensus, also known as silence procedure or silence acceptance, is a decision-making process in which a proposal or agreement is deemed accepted or adopted unless a member explicitly objects within a specified period.
The principle of positive consensus is outlined in several provisions of the WTO agreements, including Article IX:1 of the WTO Agreement.
The concept of negative consensus is recognized in various provisions of the WTO agreements, including Article IX:2 of the WTO Agreement.
8. Green Room meetings at the World Trade Organization (WTO) are informal and confidential gatherings that involve a select group of member countries. These meetings play a significant role in facilitating negotiations and reaching consensus on complex and sensitive trade issues. While the term "Green Room" is not explicitly mentioned in the WTO agreements, the concept and practice of such meetings have been widely recognized and utilized within the organization.
Purpose of Green Room Meetings:
The primary purpose of Green Room meetings is to provide a platform for a smaller group of countries to engage in in-depth discussions on specific trade issues. 
9. No, a World Trade Organization (WTO) member cannot submit a dispute arising under one of the covered agreements to the International Court of Justice (ICJ). The dispute settlement system established by the WTO operates independently from the ICJ and has its own procedures for resolving trade disputes among member countries.
Article 23.1 of the DSU explicitly states that the WTO dispute settlement system is the exclusive means for resolving disputes arising under the WTO agreements.
10. The WTO dispute settlement system plays a crucial role in the multilateral trading system for several reasons. It provides a mechanism for resolving trade disputes among member countries, ensures the effective enforcement of WTO rights and obligations, promotes predictability and stability in international trade, and maintains the credibility of the WTO as a forum for resolving trade disputes.
The WTO dispute settlement system is backed by the principle of binding decisions. Once a panel or the Appellate Body issues a report, it is expected to be adopted by the WTO's Dispute Settlement Body unless there is a consensus not to adopt it. This feature enhances the effectiveness of the system, providing certainty and finality to the resolution of disputes.
11. The panels' and Appellate Body's task of clarifying existing provisions of the covered agreements is important for several reasons:

1. 
   Ensuring Consistent Interpretation:
   The interpretation of provisions in the covered agreements is crucial for ensuring consistent application and understanding among WTO members. 
   

Article IX:2 of the Marrakesh Agreement Establishing the World Trade Organization states that the "dispute settlement system of the WTO is a central element in providing security and predictability to the multilateral trading system." This recognition underscores the importance of clarifying provisions to ensure predictability and stability in international trade.
12. The remedies for a breach of WTO law are outlined in the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), which is an integral part of the World Trade Organization (WTO) agreements. The DSU sets out the procedures and remedies available to address violations of WTO obligations. The remedies can be categorized into two main types: withdrawal of the offending measure and compensation.
Article 19.1 of the DSU states that the "aim of the dispute settlement mechanism is to secure a positive solution to a dispute," and Article 3.7 emphasizes that the "prompt settlement of situations is essential to the effective functioning of the WTO."
Compensation: According to Article 22 of the DSU, if it is impracticable to bring the measure into conformity, the member in violation may be required to offer compensation to the affected member.
13. The correct provision regarding compensation for a breach of WTO law is found in Article 22 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), which is an integral part of the World Trade Organization (WTO) agreements.
Article 22.1 of the DSU states:"If it is impracticable to comply with the recommendations and rulings within a reasonable period of time, the Member concerned shall be granted a reasonable period of time in which to do so. 
14. Determination of the 'Reasonable Period of Time for Implementation':
The determination of the 'reasonable period of time for implementation' is outlined in Article 21.3(c) of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), which is part of the World Trade Organization (WTO) agreements. According to this provision:
"The 'reasonable period of time' shall be:
(a) the period of time proposed by the Member concerned, provided that such period is approved by the DSB ;or
(b) determined through binding arbitration, if the Member concerned so requests or if the parties to the dispute cannot agree on the period within 45 days after the adoption of the recommendations and rulings."
15. The concept of "like products" is an important principle within the framework of the Most-Favored-Nation treatment under the General Agreement on Tariffs and Trade and the World Trade Organization agreements. The determination of whether products are considered "like" or "directly competitive or substitutable" plays a crucial role in determining whether discriminatory treatment between different products is permissible.
The GATT/WTO does not provide a precise definition of "like products." However, the concept has been interpreted and applied through various cases and legal interpretations.