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WTO Disputes

178 posts

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 safe

China's WTO Complaint on the Section 301 Tariffs

China's consultations request on the U.S. Section 301 tariffs is here. This is the key part: On 22 March 2018, the United States published related documents of the Section 301 investigations against China. On 3 April, the United State published a list of products of Chinese origin,

How to Save WTO Dispute Settlement from the Trump Administration

How to Save WTO Dispute Settlement from the Trump Administration Steve Charnovitz The Trump Administration is trying to torpedo the World Trade Organization (WTO) dispute settlement system. According to the November 2, 2017 Wall Street Journal article "Has China Swallowed the WTO" by Jacob M. Schlesinger, "The

The Obama Administration's Attack on Appellate Body Independence Shows The Need for Reforms

By Steve Charnovitz, George Washington University Law School The Obama Administration has not yet apologized for its unilateral action in May 2016 to unseat Appellate Body Member Seung Wha Chang, a distinguished jurist from South Korea. Although this hostile act by the United States has been roundly criticized by other

Attribution of the measures of an international organization to a member in the Russia - Tariff Treatment panel report

I was curious to know why the panel report in Russia - Tariff Treatment found violations by Russia because of duties that it was 'required' to apply. It turns out that the reason for this terminology is that the duty rates at issue were adopted, as a Common Customs

The WTO congratulates itself on panel diversity - unfortunately its math is wrong

In this news release, https://www.wto.org/english/news_e/news16_e/disp_21jun16_e.htm, the WTO announces that it has just appointed its 100th female dispute settlement panelist and compares itself favorably with other international tribunals, stating "[t]he WTO's dispute settlement system has

The Tuna/Dolphin Appellate Body 21.5 Ruling: A decision that could threaten the integrity and efficiency of WTO dispute settlement

As Susan Esserman and I pointed out in Foreign Affairs some years back, the WTO dispute settlement system is among the most advanced adjudicative mechanisms yet devised for international law. One of its innovative features is a means by which disagreements over compliance are themselves subject to resolution by the

Financial University Organizes Conference on Russia and the WTO

On 19-20 May 2015, the Financial University of the Russian Federation held its first international conference on the topic of "WTO Law in the Legal System of the Russian Federation: Problems of Application and Teaching." To my knowledge, this was the first international legal conference held to

Significant Developments in SCM Benchmarking Jurisprudence

Within the last two weeks, the Appellate Body has issued two important decisions interpreting the SCM Agreement: US-Carbon Steel (India) (DS436), and US-CVD (China) (DS437). In DS436, India raised numerous complex issues under SCM; in DS437, China mounted a systematic challenge to more than a dozen US CVD

Russia’s Account of Negotiation History: Reason for Deletion Further Explained

On the question raised in my last post – what was the reason for deleting from Russia’s accession protocol the sentence on non-derogation of its rights under the WTO Agreement – I have now located further explanation in Annex C-9 to the Panel Report in Rare Earths, INTEGRATED EXECUTIVE