Remedies against Prohibited Subsidies Sample Clauses

Remedies against Prohibited Subsidies. In order to understand the full implication of prohibition of export subsidies it is necessary to look at the remedies available to a WTO Member against another Member using such subsidies. Article 4 of the ASCM provides for the affected Member to raise a dispute in such cases. Where a complaint has been made, the full procedures of the Dispute Settlement Understanding (DSU) apply, involving the stages of consultation, panel proceedings, appellate review, surveillance, and, in appropriate cases, authorisation of countermeasures. There is provision for the panel to seek assistance of the Permanent Group of Experts with regard to whether the measure complained against is a prohibited subsidy. The Group's conclusions on whether or not a measure is a prohibited subsidy have to be accepted 15 Brazil– Aircraft, Report of Article 21.5 Panel, YT/DS46/RY. 16 Brazil–Civilian Aircraft, Report of the Article 21.5 Panel, YT/DS46/RY. by the panel on a mandatory basis. Another variation from the DSU is the provision of an accelerated time frame for completion of the procedures, giving the panel 120 days (as against the DSU norm of 6–9 months) and the Appellate Body 60 days to submit their reports. More importantly, in the case of a positive finding on the existence of a prohibited export subsidy practice by a Member, the panel and the Appellate Body are mandated to recommend ‘withdrawal' of the measure. WTO panels have held that ‘withdrawal' of the export subsidy involves not only prospective but also retrospective action. In Australia–Automotive Leather, the Compliance Panel took the following view: ‘We do not believe that Article 19.1 of the DSU, even in con¡unction with Article 3.7 of the DSU, requires the limitation of the specific remedy provided for in Article 4.7 of the ASCM to purely prospective action. An interpretation of Article
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Remedies against Prohibited Subsidies. In order to understand the fuII impIication of prohibition of export subsidies it is necessary to Iooh at the remedies avaiIabIe to a WTO Member against another Member using such subsidies. ArticIe 4 of the ASCM provides for the affected Member to raise a dispute in such cases. Where a compIaint has been made, the fuII procedures of the Dispute SettIement Understanding (DSU) appIy, invoIving the stages of consuItation, paneI proceedings, appeIIate review, surveiIIance, and, in appropriate cases, authorisation of countermeasures. There is provision for the paneI to seeh assistance of the Permanent Group of Fxperts with regard to whether the measure compIained against is a prohibited subsidy. The Group's concIusions on whether or not a measure is a prohibited subsidy have to be accepted
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Related to Remedies against Prohibited Subsidies

  • PLEDGE AGAINST DISCRIMINATION AND COERCION A. The provisions of this Agreement shall be applied equally to all full time employees in the bargaining unit without discrimination as to age, sex, marital status, race, color, creed, national origin, member- ship or non-membership in the Union or political affiliation. The Union shall share equally with the Employer the responsibility for applying this provision of this Agreement.

  • NO WARRANTY BY CITY AGAINST INFRINGEMENTS The Contractor represents and warrants to the City that: (i) the Contractor shall provide the City good and indefeasible title to the deliverables and (ii) the deliverables supplied by the Contractor in accordance with the specifications in the Contract will not infringe, directly or contributorily, any patent, trademark, copyright, trade secret, or any other intellectual property right of any kind of any third party; that no claims have been made by any person or entity with respect to the ownership or operation of the deliverables and the Contractor does not know of any valid basis for any such claims. The Contractor shall, at its sole expense, defend, indemnify, and hold the City harmless from and against all liability, damages, and costs (including court costs and reasonable fees of attorneys and other professionals) arising out of or resulting from: (i) any claim that the City’s exercise anywhere in the world of the rights associated with the City’s’ ownership, and if applicable, license rights, and its use of the deliverables infringes the intellectual property rights of any third party; or (ii) the Contractor’s breach of any of Contractor’s representations or warranties stated in this Contract. In the event of any such claim, the City shall have the right to monitor such claim or at its option engage its own separate counsel to act as co-counsel on the City’s behalf. Further, Contractor agrees that the City’s specifications regarding the deliverables shall in no way diminish Contractor’s warranties or obligations under this paragraph and the City makes no warranty that the production, development, or delivery of such deliverables will not impact such warranties of Contractor.

  • No Construction Against Drafter The Parties acknowledge that this Agreement and all the terms and conditions contained herein have been fully reviewed and negotiated by the Parties. Having acknowledged the foregoing, the Parties agree that any principle of construction or rule of law that provides that, in the event of any inconsistency or ambiguity, an agreement shall be construed against the drafter of the agreement shall have no application to the terms and conditions of this Agreement.

  • Enforcement and Rights and Remedies on Default 5.1 The Developer agrees that any officer appointed by the Municipality to enforce this Agreement shall be granted access onto the Lands during all reasonable hours without obtaining consent of the Developer. The Developer further agrees that, upon receiving written notification from an officer of the Municipality to inspect the interior of any building located on the Lands, the Developer agrees to allow for such an inspection during any reasonable hour within two (2) business days of receiving such a request.

  • Right to Pursue Other Remedies Not Impaired The right of a person to prompt and equitable resolution of a complaint filed under this policy shall not be impaired by the person’s pursuit of other remedies, e.g., criminal complaints, civil actions, etc. Use of this grievance procedure is not a prerequisite to the pursuit of other remedies and use of this grievance procedure does not extend any filing deadline related to the pursuit of other remedies. If a person is pursuing another remedy subject to a complaint under this policy, the District will continue with a simultaneous investigation under this policy.

  • REMEDIES AND WAIVERS No failure to exercise, nor any delay in exercising, on the part of any Finance Party, any right or remedy under the Finance Documents shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

  • Warranty Against Encumbrances Seller warrants that the goods are now free, and at the time of delivery shall be free, from any security interest or other lien or encumbrance.

  • Complaints Against Teachers When a person makes a written or verbal complaint against a teacher, the principal or designee shall promptly notify the teacher of the complaint, the identity of the complainant, and the teacher shall be given the opportunity to respond. The principal or designee shall investigate the complaint and attempt to resolve the complaint informally if appropriate.

  • Warranty Against Defects Subdivider shall warrant all Subdivision public improvements to be free from defects and shall make all necessary repairs or modification to the Subdivision for a period of Three (3) years from acceptance of dedication of public improvements of the final phase of the Subdivision by the City of Avon. If the Subdivider fails to meet the warranty obligations in a timely manner, the City of Avon may contract with any other party for the necessary work or use its own employees to perform the work and to be reimbursed by the Subdivider or, if sufficient funds are available, to draw upon the financial guarantees provided in this Agreement.

  • Judicial or Administrative Proceedings CE may terminate the Agreement and this BAA, effective immediately, if (i) BA is named as defendant in a criminal proceeding for a violation of HIPAA, the HITECH Act, the HIPAA Regulations or other security or privacy laws or (ii) a finding or stipulation that the BA has violated any standard or requirement of HIPAA, the HITECH Act, the HIPAA Regulations or other security or privacy laws is made in any administrative or civil proceeding in which the party has been joined.

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