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United States. Dept. of State. Office of Public Co.

Department of State bulletin (Volume v. 22, Apr- Jun 1950) online

. (page 70 of 116)
Online LibraryUnited States. Dept. of State. Office of Public CoDepartment of State bulletin (Volume v. 22, Apr- Jun 1950) → online text (page 70 of 116)
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whatever recommendation is appropriate to a sat-
isfactory adjustment.

Finally, and most important of all, if the Board
considers that effective relief is not likely to be
obtained promptly through other means, it is au-
thorized, subject to appeal to the Conference with-
in 30 days, to release the "complaining"' member
(or other members affected) from their obliga-
tions or grants of concessions under the charter to
the "offending" member. Such a release may be
given only to the extent and upon such conditions
as are appropriate and compensatory in the light
of the benefit which has been nullified or im-
paired, that is to say, the Board is not given the
power to take punitive, but only compensatory,
action. Thus, if country A, for example, con-
tinues to impose a transit duty on products going
through its territory to country B, in violation
of article 33, and failing effective relief to country
B by other means, the Executive Board could
release country B from its obligation, under a
trade agreement entered into under article 17, to
accord certain tariff concessions to country A ; the
release from the tariff concessions to be compensa-
tory for (i.e., equivalent to) the damage caused
country B by A's failure to live up to its obliga-
tion not to impose a transit duty.

Reference to Conference

Decisions of the Executive Board may, within
30 days, be appealed to the Conference (composed
of all members of the Ito) which can confirm,
modify or reverse the Board's decision. The Con-
ference is directed to follow the same procedures
as the Board in dealing wKli a dispute and is,
likewise, autliorizcd to release members from their



864



Deparfmenf of Sfafe Bulletin



ublifrations or concessions towunl the "ollViuliiifi"
nieinbor. In the case of release by the Conference,
a member whicli has actually lost the enjoyment
of concessions or obligations on the part of the
members releaseil may withdraw from the organi-
zation on short notice.

Reference to International Court of Justice

Provision is nuule for review of ikvisions of the
Conference by the International Court of Justice



through Ihe ailvis



Online LibraryUnited States. Dept. of State. Office of Public CoDepartment of State bulletin (Volume v. 22, Apr- Jun 1950) → online text (page 70 of 116)