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WTO Disputes

177 posts

Confidentiality of legal arguments in WTO dispute settlement

While the panel report in Russia – Measures Concerning Traffic in Transit (DS512) is best known for its interpretation of Article XXI of GATT 1994, the report also contains an important ruling relating to transparency in WTO dispute settlement. In this dispute, the EU published its third-party submission on the EU

Toning Down WTO Precedent

This is from last week's China - TRQs panel report: 6.20. The United States requests that the reference to a "well-established principle in WTO case law" in paragraph 7.212 be deleted, since it could be "misunderstood as indicating that prior panel and appellate

The Evolving Role of Precedent in WTO Dispute Settlement

Here are some snippets from today's panel report in the DS534 case (report, addendum with interim review section): 7.56. .... We recall that the panel in US – Washing Machines concluded, relying on the definition of pattern as a regular and intelligible form or sequence, that prices that are

DSU Reform Proposals from Andy Stoler

Former WTO DDG Andy Stoler has some proposals for changes to WTO DS in response to the Appellate Body crisis. I don't agree with all of them, but they are certainly interesting. Some of them are pretty bold! Here are a few: Review of facts / treatment of municipal

The Russia - Traffic in Transit Panel Report

The Russia - Traffic in Transit panel report was circulated today. The big systemic issue here is the interpretation of GATT Article XXI, and the question of to what extent panels or the AB can scrutinize challenged measures when Article XXI has been invoked. Recall that GATT Article XXI says:

New Proposal to Strengthen WTO Notification Requirements: From Dispute Settlement to Compliance Regime?

In a period where “trade wars” and the Appellate Body (AB) deadlock are getting most of the airtime, an April 1 proposal by nine WTO Members, including the EU and the US, but also Argentina and Costa Rica, to “strengthen notification requirements under WTO agreements” is both refreshing and intriguing

Would Speeding up WTO Dispute Settlement Help With the Appellate Body Crisis?

Article 12 of the DSU specifies these time-frames for panels to issue reports: 8. In order to make the procedures more efficient, the period in which the panel shall conduct its examination, from the date that the composition and terms of reference of the panel have been agreed upon until

Communication from Honduras on the Issue of Precedent

This is another very helpful communication from Honduras on the functioning of the Appellate Body: 1 INTRODUCTION 1.1. In furtherance of the communication dated 23 July 2018 and reiterating the importance of the Dispute Settlement System within the broader WTO framework, Honduras would like to address the issue of

Panels Composed in the Section 232/Retaliation Cases

For the nine panels established to hear the complaints against the Section 232 measures, the panels have all been composed with the same panelists, as follows: Elbio Rosselli (Uruguay) Esteban Conejos (Philippines) Rodrigo Valenzuela (Chile) For DSC subscribers, you can click the link to see which past cases each has

U.S. Criticisms of the Tuna-Dolphin Rulings and Dispute Process

Here is an excerpt from some comments by the U.S. at the January 11th DSB meeting, focusing on the Appellate Body report in US - Tuna but also having broader implications: • Although the United States agrees with and welcomes the conclusion of these reports that the U.S. dolphin