Why Do WTO Complaints Fail?
As we all know, most WTO complaints are successful. I've got the figures at about 90% for cases in which at least one violation is found.
So what happens in those cases where the complaint did not succeed? What are the various reasons that complaints fail?
I can't recall anyone looking into this, and I thought it was a worthy topic, so here are all the losing cases -- just regular disputes, not Article 21.5s -- in case anyone wants to analyze them:
| Dispute | Title | DS Number | Adoption Date | Violation? |
|---|---|---|---|---|
| Total Records: 15 | ||||
| Brazil - Coconut | Brazil - Measures Affecting Desiccated Coconut | 22 | Mar 20, 1997 | No |
| Japan - Film | Japan - Measures Affecting Consumer Photographic Film and Paper | 44 | Apr 22, 1998 | No |
| EC - Computer Equipment | European Communities - Customs Classification of Certain Computer Equipment | 62 | Jun 22, 1998 | No |
| Guatemala - Cement I | Guatemala - Anti-Dumping Investigation Regarding Portland Cement from Mexico | 60 | Nov 25, 1998 | No |
| U.S. - Section 301 | United States - Sections 301-310 of the Trade Act of 1974 | 152 | Jan 27, 2000 | No |
| Korea - Government Procurement | Korea - Measures Affecting Government Procurement | 163 | Jun 19, 2000 | No |
| EC - Asbestos | European Communities - Measures Affecting Asbestos and Asbestos-Containing Products | 135 | Apr 05, 2001 | No |
| U.S. - Export Restraints | United States - Measures Treating Export Restraints as Subsidies | 194 | Aug 23, 2001 | No |
| U.S. - Section 129 | United States - Section 129(c)(1) of the Uruguay Round Agreements Act | 221 | Aug 30, 2002 | No |
| U.S. - Textiles Rules of Origin | United States - Rules of Origin for Textiles and Apparel Products | 243 | Jul 21, 2003 | No |
| U.S. - Corrosion-Resistant Steel Sunset Review | United States - Sunset Review of Anti-Dumping Duties on Corrosion-Resistant Carbon Steel Flat Products from Japan | 244 | Jan 09, 2004 | No |
| Canada - Hormones Suspension | Canada - Continued Suspension of Obligations in the EC - Hormones Dispute | 321 | Nov 10, 2008 | No |
| U.S. - Hormones Suspension | United States - Continued Suspension of Obligations in the EC - Hormones Dispute | 320 | Nov 10, 2008 | No |
| India - Additional Duties | India - Additional and Extra-Additional Duties on Imports from the United States | 360 | Nov 17, 2008 | No |
| U.S. - Tyres | United States - Measures Affecting Imports of Certain Passenger Vehicle and Light Truck Tyres from China | 399 | Oct 05, 2011 | No |