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by The Free Republic of Knootoss. . 64 reads.

Treaty of Nivelet

TREATY OF NIVELET

The Union of Ajuba, the Caldan Union, the Holy Empire of Excalbia, the Free Republic of Knootoss, the Republic of Laneria, the Holy and Most August Empire of Pantocratoria, the Grand Duchy of Saxmere, the Federation of the Southern Low Countries and the Confederation of Sovereign States (hereafter referred to as “the participating nations”) and, separately, the Kingdom of Ernestria (hereinafter referred to as “Ernestria”), agree to the following articles:

  1. Single Currency

    1. (Legal Tender) The Atlantic Ducat (∂) shall constitute the only form of money holding legal tender status in the participating nations;

    2. (Currency Area) The economies of the participating nations shall be jointly known as the Western Atlantic Currency Area (“WACA”);

  2. Central Bank

    1. (Establishment) The participating nations shall jointly found a Central Bank of the Western Atlantic Currency Area (hereafter referred to as “CBWACA”) headed by a Board of Directors;

    2. (Headquarters) The headquarters of the CBWACA shall be headquartered in Namen, in the Federation of the Southern Low Countries;

    3. (Decision-making) The national Central Banks of the participating nations shall send a representative to sit on the Board of Directors of the CBWACA. The strength of the vote of each representative at the CBWACA shall be weighed by the sending countries' population. The CBWACA shall separately devise procedures for its own internal regulation;

    4. (Currency Issue) The Atlantic Ducat (∂) shall be issued by the CBWACA, in cooperation with relevant institutions in the participating nations;

    5. (Interest Rates / Inflation Target) The CBWACA shall set interest rates and take such measures as are deemed necessary to target inflation. The target for inflation shall be 2% annually within the WACA and subject to such temporary amendments in the target as shall be determined by the Board of Directors;

    6. (Central Bank Duties) The CBWACA shall undertake duties of oversight, regulation and intervention consistent with the provisions of the articles of this treaty;

    7. (Exchange Rate) The exchange rate of the Atlantic Ducat (∂) is determined by the supply and demand of that currency on the international currency markets. The CBWACA does not have a mandate to intervene to manage its value;

  3. Movement of Labour

    1. (Harmonising Taxes) Where necessary, the parties shall adjust national legislation to allow migrant workers moving within the union to pay taxes in the country where they are residents, and they shall not impose national taxes on their own citizens, when they are already paying taxes for the same work in another union country. Parties shall reserve the right to deny social services to migrant workers moving within the union for a period of up to six months.

    2. (Means Testing Benefits) Parties may choose to impose "cost of living" or means tested means tested benefits for any welfare benefits paid to its citizens in other union countries.

    3. (Foreign Investment) For the purpose of foreign investment and ownership rules, citizens and businesses of participating nations shall be treated equally to nationals in all participating nations.

    4. (Income Tax Where Income is Earned) Participating nations will not tax the incomes of their citizens earned in other participating nations. Participating nations may, at their discretion, tax income earned within their territory by the citizens of other participating nations, so long as such forms and rates of taxation are the same as the forms and rates of taxation for their own resident citizens. Participating nations will not impose any replacement form of taxation upon citizens resident in other participating nations for their income earned in other participating nations.

  4. Financial Stability

    1. (Financial and Monetary Stability) The participating nations shall undertake all measures necessary to maintain financial and monetary stability;

    2. (National Debt Limits) The participating nations shall not exceed limitations on the issuance of government debt, on annual deficits in government spending, and on total levels of government debt as a percentage of Gross Domestic Product, as have been enumerated in ANNEX A;

    3. (No Shared Debt) Repayment of government debts in the participating nations shall remain the responsibility of national governments in the participating nations;

    4. (Banking Regulation) The CBWACA, the participating nations and Ernestria shall encourage a dynamic and competitive banking sector, while ensuring that banks are well-regulated and required to maintain such capital limits as are necessary to ensure liquidity. This shall be achieved through regulation including but not limited to such measures as have been enumerated in ANNEX B;

  5. Single Customs Area

    1. (Single Customs Area) The participating nations and Ernestria shall share a Single Customs Area. There shall be no internal customs or taxes amounting to internal customs within and between the borders of the WACA and Ernestria;

    2. (Customs Regulations) The participating nations and Ernestria shall enforce uniform customs regulations compliant with the provisions of ANNEX C, as well as the provisions of the other articles of this treaty. They shall further enact joint measures to harmonise enforcement of customs at the external border in order to ensure that such enforcement remains effective in enforcing the provisions of this Treaty;

    3. (Criminalising Smuggling) The participating nations and Ernestria shall adjust their laws (which for the purposes of this treaty shall include all necessary primary and secondary legislation as is customary and legal in the participating nations and in Ernestria) so that it may be deemed an offence to knowingly bring, import and, mutatis mutandi, send, despatch or otherwise export something into a country in violation of its laws, nor to complete or allow to be completed a customs declaration or travel documents, whose purposes are solely intended for the purpose of evading such import/export restrictions or domestic restrictions on goods and services as are not within the terms of this Treaty;

  6. Tariffs in the Single Customs Area

    1. (No General Tariff) There shall be no general tariff levied on goods entering or imported into the Single Customs Area. Tariffs on specific products may be imposed as enumerated in this article;

    2. (Special Product Tariffs) There shall be a 20% import tariff on the value of all meat from cattle together with a 15% import tariff on the value of automobiles as further enumerated and defined in ANNEX D;

    3. (Special Country Tariffs) Additional tariffs on specific nations may be imposed or removed by the participating nations and Ernestria, gathered together, by majority vote;

  7. Human Rights In Trade

    1. (Human Rights Exclusion) The participating nations and Ernestria shall agree upon a list of nations and entities (hereinafter referred to as the “designated nations”) designated as engaging in slavery, or gross violations of sentient rights;

    2. (Definition) For the purpose of this article, slavery and gross violations of sentient rights shall include:

      1. Slavery, whether in the form of chattel slavery or serfdom;

      2. Extrajudicial killings, including those carried out under the colour of law but absent any sort of judgement from a regularly constituted court following a fair trial;

      3. Forced disappearance, when carried out by a nation's law enforcement or security services;

      4. Rape under the colour of law;

      5. Torture and cruel and inhumane punishments;

    3. (Prohibition on trade) Importing or exporting goods and services to- and from designated nations shall be prohibited. This prohibition shall be jointly and severally enforced;

    4. (Multinational Human Rights Committee) The participating nations and Ernestria shall establish a permanent multinational committee to process nominations, appeals and removals from the aforementioned list of designated nations by participating nations and Ernestria for additions to- and removals from the list of designated nations

    5. (Multinational Human Rights Committee Powers) The aforementioned multinational committee shall be so empowered to either conduct visitations or render a summary advisory judgements on the legal applicability of such requests;

    6. (Votes on recommendations) The participating nations and Ernestria, gathered together, shall decide by majority vote if a nomination for addition to- or removal from the list of designated nations shall be granted, taking the recommendation of the multinational committee into strong consideration;

  8. Product Regulation

    1. (Product Harmonisation) The participating nations and Ernestria shall enact such joint regulations and legislation as is necessary to adopt international common and technical standards, which are accepted by such reasonable observers to form best practice and used globally by industry and organisations or such common and technical standards which reasonable observers would assume to exist or are customary in the industry in question

    2. (Use for Joint Standards) Manufacturers, other economic operators, or conformity assessment bodies, shall be encouraged to use harmonised standards to demonstrate that products, services, or processes comply with relevant legislation;

    3. (Emission Standards) Joint standards shall include legally binding emission standards governing air pollutants released into the atmosphere from specific products, including but not limited to road vehicles, over specific agreed timeframes.

    4. (Regional Products) Regional agricultural and artisanal products from the participating nations, and Ernestria, whose origin is essentially linked to their terroir, shall be entered into a register to protect their designation of origin. These products can only be sold within the participating nations and Ernestria, or exported from the same, if they are from the designated region and produced, processed or developed in a specific way, using the recognised and customary standards and ingredients of local producers from the region concerned.

    5. (Labelling standards) The participating nations and Ernestria shall enact such joint regulations as are necessary to establish labelling standards for agricultural products and other products designed for consumption. Genetically engineered- or bioengineered agricultural products, products resulting from cellular agriculture using biotechnology, tissue engineering, molecular biology, and/or synthetic biology, and plant-based meat alternatives shall be labelled accordingly under these standards;

    6. (Banning labelling violations) The participating nations and Ernestria shall adjust, establish or amend their laws, regulations and procedure etc so that it shall be deemed an offence to trade, import or export or otherwise transmit products which have, through deliberate intention or knowing recklessness or negligence, been so mislabelled as to deceive the reasonable person as to their true origin. They shall also establish, adjust or amend such laws, regulations or procedures as are necessary to prevent the wilful, reckless or negligent violations of such other labelling standards as have been or are to be established by this article;

    7. (Allowing GMO) The participating nations and Ernestria shall permit the trade and consumption of genetically engineered foods, or bioengineered foods, and other genetically- or bioengineered agricultural products, on an equal and fair footing with agricultural products that are the result of selective breeding or mutation breeding, though they may enact additional regulations to prevent cross-pollination or contamination;

    8. (Allowing lab grown meat) The participating nations and Ernestria shall permit the trade and consumption of cellular agriculture using biotechnology, tissue engineering, molecular biology, and/or synthetic biology on an equal footing with food products from farmed livestock;

    9. (Animal Cruelty standards) The participating nations and Ernestria shall regulate food products from farmed livestock so that the treatment of animals meets or exceeds the standards enumerated in ANNEX E;

  9. Environmental Standards

    1. (Environmental Regulation) The participating nations and Ernestria, believing and affirming that a clean and healthy environment is the shared heritage of all nations of the WACA, agree to enact shared environmental standards. National standards regulating the impact of economic activity on the environment shall meet or otherwise exceed the standards referred to in ANNEX F;

    2. (Environmental Recovery Fund) The participating nations and Ernestria shall annually contribute to an Environmental Recovery Fund (ERF) in accordance with a formula to be established in compliance with the principles set out in ANNEX G.

    3. (ERF oversight and distribution) A multinational committee shall be established to oversee the distribution of ERF funds to private businesses and institutions, with the aim of mitigating those negative impacts (as they may arise) of the environmental regulations and requirements set out in Annex F on their businesses as may be required during the process of transition of their pre-existing business models to those practices that are compliant with the aforementioned standards, as well as facilitating the said transition;

  10. Withdrawal

    1. (Notice provided) All participating nations, and Ernestria, undertake to provide no less than twelve months notice of a withdrawal from the terms of this treaty;

    2. (Dual issuance of currency) Within the notice period, the withdrawing nation will issue its new currency alongside the Atlantic Ducat at a fixed rate of exchange;

    3. (Deposits in Atlantic Ducats) Bank deposits made in Atlantic Ducats during the withdrawing nation’s participation in the treaty (including the notice period) will continue to be held in Atlantic Ducats indefinitely, and depositors will not be obliged to transfer their Atlantic Ducat deposits into the withdrawing nation’s new currency;

    4. (Location of the CBWACA) If the Federation of the Southern Low Countries withdraws from this treaty, the headquarters of the CBWACA will be located within the notice period to a city in a participating nation which has not given notice of intention to withdraw, to be decided by Board of Directors;

  11. Ernestria

    1. (Ernestria’s intention) The Participating Nations affirm the professed desire of Ernestria to join the WACA as previously defined

    2. (Accession Talks) The Participating Nations agree to open Accession Talks with Ernestria in order to facilitate the goal stated at 11.a. Nothing in this Treaty is intended to prejudice the results of Accession Talks nor to mandate Participating Nations into accepting the membership of Ernestria into the WACA. This Treaty does not stipulate the conditions for membership save for those points referred to in this Clause. The Participating Nations will, within 18 months of this Treaty, make such arrangements as they deem necessary to establish a commission to explore the prerequisite conditions for the Accession of Ernestria. This process shall take no more than 6 months or 183 working days whichever ever of the two shall be the shorter

    3. (Reasonable Precondition to Accession) Ernestria, as a precondition of Accession Talks, will use such reasonable endeavours as it lies within its power to do to maintain, sustain and reinforce the Convertible Mark such that it is, from the signing of this Treaty, at parity with the Atlantic Ducat. Nothing in this Treaty will bind Ernestria into maintaining parity if such an endeavour is contrary to financial prudence and good economic management.

ADDENDUM A: Institutional Arrangements and Dispute Settlement Procedures
  1. The Parties hereby establish the Western Atlantic Commission, comprising cabinet-level representatives of the Parties or their designees.

  2. The Commission shall:

    1. supervise the implementation of this Treaty;

    2. oversee its further elaboration;

    3. resolve disputes that may arise regarding its interpretation or application;

    4. supervise the work of all committees and working groups established under this Treaty, and

    5. consider any other matter that may affect the operation of this Treaty.

  3. The Commission may:

    1. establish, and delegate responsibilities to, ad hoc or standing committees, working groups or expert groups;

    2. seek the advice of non-governmental persons or groups; and

    3. take such other action in the exercise of its functions as the Parties may agree.

  4. The Commission shall establish its rules and procedures. All decisions of the Commission shall be taken by consensus, except as the Commission may otherwise agree.

  5. The Commission shall convene at least once a year in regular session. Regular sessions of the Commission shall be chaired successively by each Party.

  6. The Parties shall at all times endeavour to agree on the interpretation and application of this Treaty, and shall make every attempt through cooperation and consultations to arrive at a mutually satisfactory resolution of any matter that might affect its operation.

  7. Before a Party initiates a dispute settlement proceeding in the Western Atlantic Commission against another Party on grounds that are substantially equivalent to those available to that Party under this Treaty, that Party shall notify any third Party of its intention. If a third Party wishes to have recourse to dispute settlement procedures under this Treaty regarding the matter, it shall inform promptly the notifying Party and those Parties shall consult with a view to agreement on a single forum. If those Parties cannot agree, the dispute normally shall be settled under this Treaty.

  8. Any Party may request in writing consultations with any other Party regarding any actual or proposed measure or any other matter that it considers might affect the operation of this Treaty.

  9. Unless the Commission otherwise provides in its rules and procedures established under this Treaty, a third Party that considers it has a substantial interest in the matter shall be entitled to participate in the consultations on delivery of written notice to the other Parties and to its Section of the Commission.

  10. Consultations on matters regarding perishable agricultural goods shall commence within 15 days of the date of delivery of the request.

  11. The consulting Parties shall make every attempt to arrive at a mutually satisfactory resolution of any matter through consultations under this Article or other consultative provisions of this Treaty. To this end, the consulting Parties shall:

    1. provide sufficient information to enable a full examination of how the actual or proposed measure or other matter might affect the operation of this Treaty;

    2. treat any confidential or proprietary information exchanged in the course of consultations on the same basis as the Party providing the information; and

    3. seek to avoid any resolution that adversely affects the interests under this Treaty of any other Party

  12. If the consulting Parties fail to resolve a matter pursuant to this Treaty within:

    1. 30 days of delivery of a request for consultations,

    2. 45 days of delivery of such request if any other Party has subsequently requested or has participated in consultations regarding the same matter,

    3. 15 days of delivery of a request for consultations in matters regarding perishable agricultural goods, or

    4. such other period as they may agree,

    any such Party may request in writing a meeting of the Commission.

  13. The requesting Party shall state in the request the measure or other matter complained of and indicate the provisions of this Treaty that it considers relevant, and shall deliver the request to the other Parties and to its Section of the Commission.

  14. Unless it decides otherwise, the Commission shall convene within 10 days of delivery of the request and shall endeavour to resolve the dispute promptly.

  15. The Commission may:

    1. call on such technical advisers or create such working groups or expert groups as it deems necessary,

    2. have recourse to good offices, conciliation, mediation or such other dispute resolution procedures, or

    3. make recommendations,

    as may assist the consulting Parties to reach a mutually satisfactory resolution of the dispute.

  16. Unless it decides otherwise, the Commission shall consolidate two or more proceedings before it pursuant to this Article regarding the same measure. The Commission may consolidate two or more proceedings regarding other matters before it pursuant to this Article that it determines are appropriate to be considered jointly.

  17. If the Commission has convened pursuant to this Treaty, and the matter has not been resolved within:

    1. 30 days thereafter,

    2. 30 days after the Commission has convened in respect of the matter most recently referred to it, or

    3. such other period as the consulting Parties may agree,

    any consulting Party may request in writing the establishment of an arbitral panel. The requesting Party shall deliver the request to the other Parties and to its Section of the Commission.

  18. On delivery of the request, the Commission shall establish an arbitral panel.

  19. A third Party that considers it has a substantial interest in the matter shall be entitled to join as a complaining Party on delivery of written notice of its intention to participate to the disputing Parties and its Section of the Commission. The notice shall be delivered at the earliest possible time, and in any event no later than seven days after the date of delivery of a request by a Party for the establishment of a panel.

  20. If a third Party does not join as a complaining Party in accordance with this Treaty, it normally shall refrain thereafter from initiating or continuing:

    1. a dispute settlement procedure under this Treaty, or

    2. a dispute settlement proceeding in the administration of tariffs on grounds that are substantially equivalent to those available to that Party under this Treaty, regarding the same matter in the absence of a significant change in economic or commercial circumstances.

  21. Unless otherwise agreed by the disputing Parties, the panel shall be established and perform its functions in a manner consistent with the provisions of this Clause.

  22. The Parties shall establish by January 1, 2025 and maintain a roster of up to 30 individuals who are willing and able to serve as panellists. The roster members shall be appointed by consensus for terms of three years, and may be reappointed.

  23. Roster members shall:

    1. have expertise or experience in law, international trade, other matters covered by this Treaty or the resolution of disputes arising under international trade agreements, and shall be chosen strictly on the basis of objectivity, reliability and sound judgement;

    2. be independent of, and not be affiliated with or take instructions from, any Party; and

    3. comply with a code of conduct to be established by the Commission.

  24. Individuals may not serve as panellists for a dispute in which they have participated pursuant to the terms of this Treaty

  25. Where there are two disputing Parties, the following procedures shall apply:

    1. The panel shall comprise five members.

    2. The disputing Parties shall endeavour to agree on the chair of the panel within 15 days of the delivery of the request for the establishment of the panel. If the disputing Parties are unable to agree on the chair within this period, the disputing Party chosen by lot shall select within five days as chair an individual who is not a citizen of that Party.

    3. Within 15 days of selection of the chair, each disputing Party shall select two panellists who are citizens of the other disputing Party.

    4. If a disputing Party fails to select its panellists within such period, such panellists shall be selected by lot from among the roster members who are citizens of the other disputing Party.

  26. Where there are more than two disputing Parties, the following procedures shall apply:

    1. The panel shall comprise five members.

    2. The disputing Parties shall endeavour to agree on the chair of the panel within 15 days of the delivery of the request for the establishment of the panel. If the disputing Parties are unable to agree on the chair within this period, the Party or Parties on the side of the dispute chosen by lot shall select within 10 days a chair who is not a citizen of such Party or Parties.

    3. Within 15 days of selection of the chair, the Party complained against shall select two panellists, one of whom is a citizen of a complaining Party, and the other of whom is a citizen of another complaining Party. The complaining Parties shall select two panellists who are citizens of the Party complained against.

    4. If any disputing Party fails to select a panellist within such period, such panellist shall be selected by lot in accordance with the earlier provisions

  27. Panellists shall normally be selected from the roster. Any disputing Party may exercise a peremptory challenge against any individual not on the roster who is proposed as a panellist by a disputing Party within 15 days after the individual has been proposed.

  28. If a disputing Party believes that a panellist is in violation of the code of conduct, the disputing Parties shall consult and if they agree, the panellist shall be removed and a new panellist shall be selected in accordance with this Article.

  29. The Commission shall establish by January 1, 2025 Model Rules of Procedure, in accordance with the following principles:

    1. the procedures shall assure a right to at least one hearing before the panel as well as the opportunity to provide initial and rebuttal written submissions; and

    2. the panel's hearings, deliberations and initial report, and all written submissions to and communications with the panel shall be confidential.

  30. Unless the disputing Parties otherwise agree, the panel shall conduct its proceedings in accordance with the Procedures to be established by the Commision.

  31. Unless the disputing Parties otherwise agree within 20 days from the date of the delivery of the request for the establishment of the panel, the terms of reference shall be:
    "To examine, in the light of the relevant provisions of the Treaty, the matter referred to the Commission (as set out in the request for a Commission meeting) and to make findings, determinations and recommendations as provided in aforementioned Treaty."

  32. If a complaining Party wishes to argue that a matter has nullified or impaired benefits, the terms of reference shall so indicate.

  33. If a disputing Party wishes the panel to make findings as to the degree of adverse trade effects on any Party of any measure found not to conform with the obligations of the Treaty or to have caused nullification or impairment, the terms of reference shall so indicate.

  34. (Third Party Participation) A Party that is not a disputing Party, on delivery of a written notice to the disputing Parties and to its Section of the Commission, shall be entitled to attend all hearings, to make written and oral submissions to the panel and to receive written submissions of the disputing Parties.

  35. (Role of Experts) On request of a disputing Party, or on its own initiative, the panel may seek information and technical advice from any person or body that it deems appropriate, provided that the disputing Parties so agree and subject to such terms and conditions as such Parties may agree.

  36. Scientific Review Boards

    1. On request of a disputing Party or, unless the disputing Parties disapprove, on its own initiative, the panel may request a written report of a scientific review board on any factual issue concerning environmental, health, safety or other scientific matters raised by a disputing Party in a proceeding, subject to such terms and conditions as such Parties may agree.

    2. The board shall be selected by the panel from among highly qualified, independent experts in the scientific matters, after consultations with the disputing Parties and the scientific bodies set out in the Rules of Procedure to be established by the Commission.

    3. The participating Parties shall be provided:

      1. advance notice of, and an opportunity to provide comments to the panel on, the proposed factual issues to be referred to the board; and

      2. a copy of the board's report and an opportunity to provide comments on the report to the panel.

    4. The panel shall take the board's report and any comments by the Parties on the report into account in the preparation of its report.

    5. Unless the disputing Parties otherwise agree, the panel shall base its report on the submissions and arguments of the Parties and on any information before it pursuant to the terms of this Treaty.

    6. Unless the disputing Parties otherwise agree, the panel shall, within 90 days after the last panellist is selected or such other period as the Rules of Procedure established pursuant to this Treaty may provide, present to the disputing Parties an initial report containing:

      1. findings of fact, including any findings pursuant to a request under the terms of this Treaty;

      2. its determination as to whether the measure at issue is or would be inconsistent with the obligations of this Treaty or cause nullification or impairment or any other determination requested in the terms of reference; and

      3. its recommendations, if any, for resolution of the dispute.

    7. Panellists may furnish separate opinions on matters not unanimously agreed.

    8. A disputing Party may submit written comments to the panel on its initial report within 14 days of presentation of the report.

    9. In such an event, and after considering such written comments, the panel, on its own initiative or on the request of any disputing Party, may:

      1. request the views of any participating Party;

      2. reconsider its report; and

      3. make any further examination that it considers appropriate.

    10. The panel shall present to the disputing Parties a final report, including any separate opinions on matters not unanimously agreed, within 30 days of presentation of the initial report, unless the disputing Parties otherwise agree.

    11. No panel may, either in its initial report or its final report, disclose which panellists are associated with majority or minority opinions.

    12. The disputing Parties shall transmit to the Commission the final report of the panel, including any report of a scientific review board established under the terms of this Treaty, as well as any written views that a disputing Party desires to be appended, on a confidential basis within a reasonable period of time after it is presented to them.

    13. Unless the Commission decides otherwise, the final report of the panel shall be published 15 days after it is transmitted to the Commission.

    14. On receipt of the final report of a panel, the disputing Parties shall agree on the resolution of the dispute, which normally shall conform with the determinations and recommendations of the panel, and shall notify their Sections of the Commission of any agreed resolution of any dispute.

    15. Wherever possible, the resolution shall be non-implementation or removal of a measure not conforming with this Treaty or causing nullification or impairment or, failing such a resolution, compensation.

    16. If in its final report a panel has determined that a measure is inconsistent with the obligations of this Treaty or causes nullification or impairment and the Party complained against has not reached agreement with any complaining Party on a mutually satisfactory resolution pursuant to the terms of this Treaty within 30 days of receiving the final report, such complaining Party may suspend the application to the Party complained against of benefits of equivalent effect until such time as they have reached agreement on a resolution of the dispute.

    17. In considering what benefits to suspend pursuant to this Treaty:

      1. a complaining Party should first seek to suspend benefits in the same sector or sectors as that affected by the measure or other matter that the panel has found to be inconsistent with the obligations of this Treaty or to have caused nullification or impairment; and

      2. a complaining Party that considers it is not practicable or effective to suspend benefits in the same sector or sectors may suspend benefits in other sectors.

    18. On the written request of any disputing Party delivered to the other Parties and its Section of the Commission, the Commission shall establish a panel to determine whether the level of benefits suspended by a Party pursuant to this Treaty is manifestly excessive.

    19. The panel proceedings shall be conducted in accordance with the Rules of Procedure. The panel shall present its determination within 60 days after the last panellist is selected or such other period as the disputing Parties may agree.

  37. Referrals of Matters from Judicial or Administrative Proceedings

    1. If an issue of interpretation or application of this Treaty arises in any domestic judicial or administrative proceeding of a Party that any Party considers would merit its intervention, or if a court or administrative body solicits the views of a Party, that Party shall notify the other Parties and its Section of the Commission. The Commission shall endeavour to agree on an appropriate response as expeditiously as possible.

    2. The Party in whose territory the court or administrative body is located shall submit any agreed interpretation of the Commission to the court or administrative body in accordance with the rules of that forum.

    3. If the Commission is unable to agree, any Party may submit its own views to the court or administrative body in accordance with the rules of that forum.

  38. (Private Rights) No Party may provide for a right of action under its domestic law against any other Party on the ground that a measure of another Party is inconsistent with this Treaty.

  39. Alternative Dispute Resolution

    1. Each Party shall, to the maximum extent possible, encourage and facilitate the use of arbitration and other means of alternative dispute resolution for the settlement of international commercial disputes between private parties in the free trade area.

    2. To this end, each Party shall provide appropriate procedures to ensure observance of agreements to arbitrate and for the recognition and enforcement of arbitral awards in such disputes.

    3. The Commission shall establish an Advisory Committee on Private Commercial Disputes comprising persons with expertise or experience in the resolution of private international commercial disputes. The Committee shall report and provide recommendations to the Commission on general issues referred to it by the Commission respecting the availability, use and effectiveness of arbitration and other procedures for the resolution of such disputes in the free trade area.

Raw • Report