WORLD TRADE  
ORGANIZATION  TN/DS/W/92 
5 March 2008 
 
 (08-0988) 
Dispute Settlement Body 
Special Session Original:   English 
 
 
 
TEXT FOR THE AFRICAN GROUP PROPOSALS ON DISPUTE SETTLEMENT 
UNDERSTANDING NEGOTIATIONS 
 
Communication from Côte d'Ivoire  
 
 
 The following communication, dated 4 March 2008, has been received from the delegation of 
Côte d'Ivoire on behalf of the African Group.  
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I. THIRD PARTIES 
 Article 10 should be amended by ad ding the following to paragraph 2: 
 
 1. Any Member may participate as a third pa rty before a panel by notifying its interest 
to do so to the DSB and  shall have an opportunity to be heard by the panel and make written 
submissions to the panel. These submissions shall also  be given to the parties to the dispute and shall 
be reflected in the report. 
 Article 10 should be further amended by replacing paragraph 3 with the following: 
 
 3. Without prejudice to the provisions of pa ragraph 2 of Article 18, third parties shall 
receive all the documentation relating to the dispute from the parties and other third parties.  Third 
parties shall have a right to attend the proceedings and to be availed of the opportunity to put written 
and oral questions to the parties and other third parties during the proceedings.         
 Article 17.4 should be amended by  replacing it with the following: 
  4. Only parties to the dispute, not third parties may appeal a panel report. Any Member 
that wishes to participate as a third party may notif y its intention to the DSB and the Appellate Body. 
Third parties shall have a right to attend the proceed ings and have an opportunity to be heard and to 
make written submissions to the Appellate Body.  Th eir submissions shall also be given to the parties 
to the dispute and shall be reflected in the Appellate Body report.  
II. UNSOLICITED SUBMISSION TO PANELS AND THE APPELLATE BODY 
 Article 13 should be amended by ad ding the following as paragraph 3: 
 
 3. In exercising the right to seek information and technical advice, the panel shall not accept or consider information or technical advice provided by any individual or body from whom the 
panel has not sought it.  TN/DS/W/92 
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   Article 17.4 should be amended by adding the following as the last sentence: 
  The Appellate Body shall consider only the subm issions of parties and third parties, and shall 
not accept or consider any submission beyond those submitted by the parties and the third parties. 
 III. EFFECTIVE ENFORCEMENT OF RECOMMENDATIONS AND RULINGS 
 Article 22.6 should be amende d by renaming the current provision as paragraph (a) and 
adding the following paragraphs (b) and (c):   (b) Where it is demonstrated that the suspension of concessions or other obligations 
would have negative consequen ces on the economy of a Member that is developing or least-
developed country, the DSB may, upon request, authorise a Member or a group of Members to suspend concessions on behalf of the affected Memb er. The following princi ples and procedures shall 
apply to such requests:  
  (i) Before making such a request, the developing or least-developed country 
Member shall refer the matter to arbitration for determination of the le vel of nullification and 
impairment, which shall be done taking into account th e legitimate expectations of the developing or 
least-developed country Member.  The arbitration sha ll further take into account the effects of the 
suspension of concessions upon the economy of the developing country.  
  (ii) The arbitration shall consider wh ether the suspension of concessions or other 
obligations in other sectors by the developing  or least-developed country Member would be 
appropriate to effectively encourage the withdrawal  of the measure found to be inconsistent with a 
covered Agreement, taking into account possible effects on that developing or least-developed 
country Member. 
 
  (iii) Where the DSB grants authorisation to a Member or a group of Members to suspend concessions or other obligations under paragr aph 7, the level of suspension for each Member 
authorized shall be limited to securing full compen sation for the injury to the developing or least-
developed country Member concerned,  the protection of its developmen t interests, and the timely and 
effective implementation of th e recommendations and rulings. 
 
 (c) Where the case is one brought by a developing or least-developed country Member against a developed-country Member and the situati on described in paragraph 2 occurs, and in order 
to promote the timely and effective implementa tion of recommendations and rulings, the DSB, upon 
request, shall grant authorization to the developing  or least-developed country Member and any other 
Members to suspend concessions or ot her obligations within 30 days.  
 
IV. FUND ON DISPUTE SETTLEMENT 
 A new Article 28 should be introduced in the following terms: 
 
Article 28 
 
WTO Fund on Dispute Settlement 
 
1. There shall be established a fund on dispute se ttlement to facilitate the effective utilisation by 
developing and least-developed country Members of th is Understanding in the settlement of disputes 
arising from the covered agreements. 
  TN/DS/W/92 
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  2. The fund established under paragraph 1 of this  Article shall be fina nced from the regular 
WTO budget.  To ensure its adequacy, the fund may additionally be funded from extra-budgetary 
sources, which may include voluntary contributions from Members.  3. Disbursements under the fund shall be made in  accordance with criteria to be adopted by the 
DSB and communicated to Members. 
 4. The General Council shall review annually the adequacy and utilization of the fund with a 
view to improving its effectiveness and in th is regard may adopt appropriate measures and 
amendments to this Understanding. 
 
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