1. When the French province of Quebec was conquered by British troops in the Seven Years’ War, one might have expected the assimilation of French Canada into Anglo-protestant Canada. However, French Canada survived 100 years of British rule. What were the important aspects of New France that continued under British rule? Why did French Canada survive, and how was this accomplished?
The WTO member files a complaint for initiation of dispute resolution with the Dispute Settlement Body and requests consultations with the country that has taken the action that is deemed contrary to WTO obligations. The Dispute Settlement Body is committed to facilitating these consultations with a view toward an amicable resolution of the dispute. The consultative process may resolve the dispute, although in many cases it does not. For those instances where the parties cannot agree on a resolution in 60 days, then the complainant can request appointment of a panel.
The Dispute Settlement Body then proposes a panel from the roster of approved panelists that is maintained for each area of WTO jurisdiction. Normally, the panel will consist of three experts who are from countries other than those involved in the dispute and may include experts who are not on the roster. The parties attempt to agree on a slate of panelist; however, if the parties cannot agree, The Secretariat of the World Trade Organization selects the panelists. This places a significant degree of discretion with the Secretariat. Panels operate according to time limits, which usually result in a decision about a year after the complaint is lodged.
The following chart provides a clear view of the time table as agreed by the member states in the Uruguay agreement.
60 days Consultations, mediations, etc.
45 days Panel set up and panelists appointed
6 months Final panel report to parties
3 weeks Final report to WTO members
60 days Dispute Settlement Body adopts report (if no appeal)
Total = 1 year In case of no appeal
60 – 90 days Appeals report