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Two WTO Members that are also signatories to a regional integration agreement with a dispute settlement system have a controversy about a technical standard. The technical standards falls simultaneously under both the regional trade agreement and the WTO Agreement (in particular, the TBT Agreement and Article III of GATT 1994). Is it possible to initiate WTO dispute settlement proceedings right away?Select one:a.No. The dispute settlement system of the regional trade agreement has priority. The DSB will reject any request for the establishment of a panel until the regional procedure is completed.b.Yes. Dispute settlement systems under regional trade agreements are available only after the completion of the WTO procedure. The complainant must thus always start by bringing its complaint to the WTO.c.Yes. The complainant can start with either forum for initiating the dispute, but it can only use one of the two and it must choose. This is to avoid contradictory outcomes in two separate disputes.d.Yes. As far as dispute settlement is concerned, the two systems are separate and independent one from another. Under each dispute settlement system the adjudicatory body would decide according to the rules governing that system.

Question

Two WTO Members that are also signatories to a regional integration agreement with a dispute settlement system have a controversy about a technical standard. The technical standards falls simultaneously under both the regional trade agreement and the WTO Agreement (in particular, the TBT Agreement and Article III of GATT 1994). Is it possible to initiate WTO dispute settlement proceedings right away?Select one:a.No. The dispute settlement system of the regional trade agreement has priority. The DSB will reject any request for the establishment of a panel until the regional procedure is completed.b.Yes. Dispute settlement systems under regional trade agreements are available only after the completion of the WTO procedure. The complainant must thus always start by bringing its complaint to the WTO.c.Yes. The complainant can start with either forum for initiating the dispute, but it can only use one of the two and it must choose. This is to avoid contradictory outcomes in two separate disputes.d.Yes. As far as dispute settlement is concerned, the two systems are separate and independent one from another. Under each dispute settlement system the adjudicatory body would decide according to the rules governing that system.

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Solution

d. Yes. As far as dispute settlement is concerned, the two systems are separate and independent one from another. Under each dispute settlement system the adjudicatory body would decide according to the rules governing that system.

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