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" IS THERE A 'SEQUENCING PROBLEM'   IS THERE A 'SEQUENCING PROBLEM' IN THE DSU OF THE WTO? By Wasif Majeed Advocate High Court, Lahore   I would hereby embark upon to express my disagreement with the proponents of the 'sequencing problem' in Articles 21 and 22 of the Understanding on Rules and Procedures governing the Settlement of the Disputes (the "DSU) under the World Trade Organization and in elucidating thereto I would interpret Articles 21 and 22 of the DSU in accordance with the principles for the interpretation of treaties contained in Article 31 of the Vienna Convention on the Law of Treaties2 (VCLT"). Assuming, arguendo, that the sequencing problem holds field, it leads to an interpretation of certain paragraphs of Articles 21 and 22 of the DSU which is not only absurd, but also renders those paragraphs to inutility. It was held by the Appellate Body in the US-Gasoline3 that an interpreter is not free to adopt a reading that would result in reducing whole clauses or paragraphs of a treaty to redundancy or inutility4.   I believe the genesis of this pretext stems out of the omission to properly interpret various terms, as mentioned infra, with reference to the context in which they have been employed in the relevant paragraphs of the aforesaid Articles. In this regard, I would start with Article 21:3 of the DSU that envisages in relevant part:   "If it is impracticable to comply immediately with the recommendations and rulings, the Member shall have a reasonable period of time in which to do so". (emphasis added)   The above text takes care of a situation where a Member signifies its inability to immediately comply with the recommendations and rulings, and therefore it shall do so within the reasonable period of…
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