The Increase in WTO Disputes

Back in July, I blogged about how many WTO disputes there had been so far in 2012.  At this pace, I said, we will see 24 complaints in 2012.  As it turns out, I was pretty close, but actually underestimated the total.  The final tally is now in: 27 complaints in 2012.

That's a pretty significant increase over recent years, even if you count things by informal "matters" (i.e. similar cases grouped together).  Here's the annual number of complaints since the beginning of the WTO:

YearNumber of DSU Complaints, by year
2012 27
2011 8
2010 17
2009 14
2008 19
2007 13
2006 20
2005 12
2004 19
2003 26
2002 37
2001 23
2000 34
1999 30
1998 41
1997 50
1996 39
1995 25
YearNumber of DSU Matters, by year
2012 20
2011 7
2010 12
2009 9
2008 13
2007 7
2006 17
2005 10
2004 18
2003 20
2002 23
2001 20
2000 28
1999 22
1998 34
1997 31
1996 27
1995 16

So 2012 had the most complaints and most matters since 2002.

What's going on here?  A surge in protectionism, and an increasing number of WTO complaints as a response?  More WTO Members, so more countries to complain about? Let's look at the list of 2012 complaints to see if there are any obvious explanations:

Dispute NameDS
Number
Complainant(s)RespondentRequest DateAgreements
China - Measures Imposing Anti-Dumping Duties on High-Performance Stainless Steel Seamless Tubes ("HP-SSST") from Japan 454 Japan China Dec 20, 2012 AD, GATT
Argentina - Measures Relating to Trade in Goods and Services 453 Panama Argentina Dec 12, 2012 GATS, GATT
European Union and Certain Member States - Certain Measures Affecting the Renewable Energy Generation Sector 452 China European Union Nov 05, 2012 GATT, SCM, TRIMs
China - Measures Relating to the Production and Exportation of Apparel and Textile Products 451 Mexico China Oct 15, 2012 Agriculture, GATT, SCM, Protocol
China - Certain Measures Affecting the Automobile and Automobile Parts Industries 450 United States China Sep 17, 2012 GATT, SCM, Protocol
United States - Countervailing and Anti-Dumping Measures on Certain Products from China 449 China United States Sep 17, 2012 AD, GATT, SCM
United States - Measures Affecting the Importation of Fresh Lemons 448 Argentina United States Sep 03, 2012 GATT, SPS, WTO
United States - Measures Affecting the Importation of Animals, Meat and Other Animal Products from Argentina 447 Argentina United States Aug 30, 2012 GATT, SPS, WTO
Argentina - Measures Affecting the Importation of Goods 446 Mexico Argentina Aug 24, 2012 Agriculture, GATT, Licensing, Safeguards, TBT, TRIMs
Argentina - Measures Affecting the Importation of Goods 445 Japan Argentina Aug 21, 2012 GATT, Licensing, Safeguards, TRIMs
Argentina - Measures Affecting the Importation of Goods 444 United States Argentina Aug 21, 2012 GATT, Licensing, Safeguards, TRIMs
European Union and a Member State - Certain Measures Concerning the Importation of Biodiesels 443 Argentina European Union Aug 17, 2012 GATT, TRIMs, WTO
European Union - Anti-Dumping Measures on Imports of Certain Fatty Alcohols from Indonesia 442 Indonesia European Union Jul 27, 2012 AD, GATT
Australia - Certain Measures Concerning Trademarks, Geographical Indications and Other Plain Packaging Requirements Applicable to Tobacco Products and Packaging 441 Dominican Republic Australia Jul 18, 2012 GATT, TBT, TRIPS
China - Anti-Dumping and Countervailing Duties on Certain Automobiles from the United States 440 United States China Jul 05, 2012 AD, GATT, SCM
South Africa - Anti-Dumping Duties on Frozen Meat of Fowls from Brazil 439 Brazil South Africa Jun 21, 2012 AD
Argentina - Measures Affecting the Importation of Goods 438 European Union Argentina May 25, 2012 Agriculture, GATT, Licensing, Safeguards, TRIMs
United States - Countervailing Duty Measures on Certain Products from China 437 China United States May 25, 2012 GATT, Protocol, SCM
United States - Countervailing Measures on Certain Hot-Rolled Carbon Steel Flat Products from India 436 India United States Apr 12, 2012 GATT, SCM
Australia - Certain Measures Concerning Trademarks, Geographical Indications and Other Plain Packaging Requirements Applicable to Tobacco Products and Packaging 435 Honduras Australia Apr 04, 2012 GATT, TBT, TRIPS
Australia - Certain Measures Concerning Trademarks and Other Plain Packaging Requirements Applicable to Tobacco Products and Packaging 434 Ukraine Australia Mar 13, 2012 GATT, TBT, TRIPS
China - Measures Related to the Exportation of Rare Earths, Tungsten and Molybdenum 433 Japan China Mar 13, 2012 GATT, Protocol of Accession
China - Measures Related to the Exportation of Rare Earths, Tungsten and Molybdenum 432 European Union China Mar 13, 2012 GATT, Protocol of Accession
China - Measures Related to the Exportation of Rare Earths, Tungsten and Molybdenum 431 United States China Mar 13, 2012 GATT, Protocol of Accession
India - Measures Concerning the Importation of Certain Agricultural Products 430 United States India Mar 06, 2012 GATT, SPS
United States - Anti-Dumping Measures on Certain Shrimp from Viet Nam 429 Viet Nam United States Feb 22, 2012 AD, DSU, GATT, Protocol of Accession, WTO
Turkey - Safeguard Measures on Imports of Cotton Yarn (Other than Sewing Thread) 428 India Turkey Feb 13, 2012 GATT, Safeguards

Based on this list, I'm not sure whether 2012 tells us much about the trend.  One thing that jumps out is all the complaints involving Argentina: 8 of them.  That seems unlikely to become a regular occurrence.  Without that Argentina surge, the year looks a lot more normal.

In addition, there are 10 disputes involving China.  That might be slightly more than usual, but it's a little less out of the norm than what happened with Argentina.

I also see more activity from developing country Members and from Japan and the U.S. than there has been in recent years.

And there are a couple recently acceded Members -- Ukraine and Viet Nam -- bringing cases.

I'm going to wait another year before I conclude that there has been any long-term change here.

ADDED: I've been double-checking this data, and upon further reflection, I changed the number of "matters" in 2012 from 21 to 20.