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WTO Disputes

174 posts

GATT Article XX and Non-GATT Agreements: Will We Get Some Answers in the China - Exportation Case?

There have been some brief references in the jurisprudence recently as to whether GATT Article XX provides an exception to agreements others than the GATT (see here and, to a lesser extent, here), but no substantive findings on the issue. The China - Exportation of Raw Materials case (DS394,395,

The Tuna-Dolphin Case: The NAFTA-WTO Conflict Heats Up

From a USTR press release: The Office of the United States Trade Representative announced today that the United States has requested North American Free Trade Agreement (NAFTA) dispute settlement consultations with Mexico regarding Mexico's failure to move its "dolphin safe" labeling dispute from the World Trade

The Seal Products WTO Consultations Request

... is here. It doesn't do much except identify the measure and the legal provisions. The provisions at issue are: TBT Agreement Articles 2.1 and 2.2; GATT Articles I:1, III:4 and XI:1; and Agriculture Agreement Article 4.2. For DSC subscribers, we have some

How Do You Like Your Chicken: With or Without Chemicals?

Roughly speaking, that's the issue in the EC - Measures Affecting Poultry Meat WTO dispute (DS389), for which the U.S. recently announced it will request a panel. The panel request describes the issue as follows: The EC prohibits the import of poultry treated with any substance other

The WTO Cotton Dispute: Another Compliance Panel?

Not too many years ago, it was a bit unclear whether a respondent in a WTO dispute could go to DSU Article 21.5 and ask a panel to declare that it was in compliance, so as to put an end to the trade sanctions it was facing. However, the

The Cotton 22.6 Decision(s): A Chance to Test TRIPS Retaliation?

The Article 22.6 Arbitration decision in the U.S. - Cotton case was issued today. Or rather, the decisions, plural. There is one decision related to actionable subsidies and one decision related to prohibited subsidies. So what do they say? Well, I'm still trying to finish up

China's Implementation in WTO Dispute Settlement

A lot of people have been wondering how China will implement adverse WTO rulings. Well, here's an indication from the China - Auto Parts (DS339,340,342) dispute: China is expected to next week scrap higher tariffs on imported auto parts after World Trade Organization last year ruled

The Clove Cigarette Case: Indonesia Goes to the WTO

Not a DSU complaint yet, though. Just a communication to the TBT Committee. Here's a link: http://docsonline.wto.org:80/DDFDocuments/t/G/TBT/W323.doc (Note that it's a Word document). In the communication, Indonesia briefly sets out the legal issues, and then has

China To Appeal the China - Publications/AV Products Decision

That was quick. From Reuters: "We think it was improper for the WTO not to reject the U.S. request," the spokesman, Yao Jian, told a news conference in Beijing. "Based on the WTO schedule, we are preparing the documents necessary to lodge an appeal."Here&

WTO Disputes: It's All About China These Days

Here are the 11 most recent WTO consultations requests: Dispute Name DS Number Complainant(s) Respondent Request Date European Communities - Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China 397 China European Communities Jul 31, 2009 Philippines - Taxes on Distilled Spirits 396 European Communities Philippines Jul