Non-profit organizations involved in arbitration and mediation to settle disputes in the private sector and investments in the United States The European Union also cited Article 23 of the DSU in the United States – measures to import certain products from the European Communities (DS165), a case in which the EU challenged a measure taken by the United States in the phase of a trade dispute within the WTO between the two members. In this regard, the EU argued that the temporary imposition by the United States of a temporary obligation to secure certain EU imports constituted a violation by the United States, article 23, paragraph 1, point (c), of the agreement, which prohibits a WTO member from suspending WTO tariff concessions or other obligations in a WTO dispute before being allowed to do so by the DSB. In this case, the United States had imposed the obligation of commitment prior to the issuance of an arbitration report on the amount of retaliatory measures proposed by the United States in response to the wto`s negative decision on the EU banana import regime (DS27) and, therefore, before obtaining the authorization of the DSB, to suspend the concessions in this case. While the WTO appeals body rejected several of the panel`s findings, it did not affect the panel`s conclusion that the U.S. measure was contrary to Article 23, paragraph 1, point (c), a panel finding that was not challenged by the United States. Since the obligation to commit had expired and had therefore been lifted until the WTO body`s preparation of the report, the WTO appeal body criticized the group for recommending that the United States bring its measure into line with WTO obligations. Panel Report, United States – import measures for certain products from the European Communities, WT/DS165/R (17 July 2000); Appellate Body, United States – Import measures for certain products from the European Communities, WT/DS165/AB/R (December 11, 2000). See also the implementation of wto recommendations on the European Communities regime for the import, sale and marketing of bananas, 64 Fed. Reg. 19209 (April 19, 1999).
For more information on DS152 and DS165, see John H. Jackson and Patricio Grane, The Saga Continues: An Update on the Banana Dispute and its Procedural Offspring, 4 J. Int`l Econ. L. 581 (2001). The European Union uses various instruments to enforce the commitments it has negotiated for businesses, workers and citizens under international trade agreements. One such instrument is the settlement of disputes within the framework of the World Trade Organization (WTO) or bilateral EU trade agreements. As part of the WTO dispute settlement procedure, parties and third parties are involved in a case and may also involve appellate bodies, the appellate body, the WTO secretariat, arbitrators, independent experts and several specialized institutions.  The General Council assumes its responsibilities under the DSU by the dispute resolution body (DSB).  Like the General Council, the DSB is made up of representatives from all WTO members.