If a non-counterfeiting complaint is successful, the responding party is not obliged to withdraw the measure finding that it infringes benefits within the framework or under the relevant agreement, or that it constitutes an obstacle to the purpose of the covered agreement in question. In this case, the proceeding recommends that the member concerned make a satisfactory adjustment for both parties (Article 26, paragraph 1, paragraph b), of the DSU). One possible form of adjustment would be for the respondent to compensate the complainant with alternative trade opportunities to compensate for the cancelled or compromised benefit. 31 For a recent argument that a settlement of disputes over the legality of WTO regional trade agreements would risk “constitutional over-publicization,” see Youri Devuyst and Asja Serdarevic, “The World Trade Organization and Regional Trade Agreements: Bridging the Constitutional Credibility Gap” (2007) 18 Duke Journal of Comparative and International Law 1. The panel presents its report to the parties in an “intermediate” form and in the form of a confidential document containing all the above elements, ideally two to four weeks after receiving the notices on the descriptive part. The interim report contains the revised descriptor part, the results, conclusions and recommendations, as well as, if necessary, proposals for implementation. It is therefore a complete report, although it is not yet final. Contracting parties are again entitled to make submissions and may also request a meeting of the proceeding to further discuss specific points that have been raised about the interim report. This is the phase of the interim review (Article 15 of the DSU). A party may require the panel to consider the specific aspects of the interim decision.
The review period may not exceed two weeks. The panel may arrange an additional meeting with both parties, which the parties rarely request in practice. 14 According to the WTO`s table of regional trade agreements, which has been notified since 1995, no agreement has been notified as an “intermediate agreement”. See WTO, regional trade agreements, which are notified to THE GATT/WTO, and in force, available at www.wto.org/english/tratop_e/region_e/type_e.xls. This note examines WTO rules and procedures for the implementation period of regional trade agreements on trade in goods. In addition, some differences between law and practice are highlighted and the effects of these discrepancies are examined. Where GATT and subsequent actions distinguish between “complete” regional trade agreements and “intermediate agreements,” all agreements are in practice notified in the form of “complete” agreements with time to implement. It analyses the possibility that this derogation from the law, which was just sanctioned in the 2006 transparency decision, may have some practical impact on the regulation of regional trade agreements within the WTO. If the proceeding concludes that the impugned measure is inconsistent with a covered agreement, the panel`s report also contains a recommendation that the responding member bring the impugned measure into compliance with (WTO) law (Article 19.1 DSU, first sentence).