Book contents
- Frontmatter
- Contents
- Foreword
- Introduction
- Appellate Body Report in EC–Bananas III: waiver-thin, or lock, stock, and metric ton?
- Guilt by association: US – Measures Relating to Shrimp from Thailand and US – Customs Bond Directive for Merchandise Subject to Anti-Dumping/Countervailing Duties
- Mexico–Olive Oil: Remedy without a cause?
- US–Stainless Steel (Mexico)
- Continued Suspense: EC–Hormones and WTO Disciplines on Discrimination and Domestic Regulation
- United States – Subsidies on Upland Cotton Recourse to Article 21.5 by Brazil
- China – Measures Affecting Imports of Automobile Parts
- India – Additional and Extra-Additional Duties on Imports from the United States
- Comment: India – Additional and Extra-Additional Duties on Imports from the United States
Appellate Body Report in EC–Bananas III: waiver-thin, or lock, stock, and metric ton?
Published online by Cambridge University Press: 07 September 2011
- Frontmatter
- Contents
- Foreword
- Introduction
- Appellate Body Report in EC–Bananas III: waiver-thin, or lock, stock, and metric ton?
- Guilt by association: US – Measures Relating to Shrimp from Thailand and US – Customs Bond Directive for Merchandise Subject to Anti-Dumping/Countervailing Duties
- Mexico–Olive Oil: Remedy without a cause?
- US–Stainless Steel (Mexico)
- Continued Suspense: EC–Hormones and WTO Disciplines on Discrimination and Domestic Regulation
- United States – Subsidies on Upland Cotton Recourse to Article 21.5 by Brazil
- China – Measures Affecting Imports of Automobile Parts
- India – Additional and Extra-Additional Duties on Imports from the United States
- Comment: India – Additional and Extra-Additional Duties on Imports from the United States
Summary
Abstract: At first glance, the Appellate Body Report in Bananas III (Article 21.5; Second Recourse) does not seem to be a case for the Guinness Book.
The AB upheld most of the Panel's findings, and the EC lost big. This was hardly surprising, given that the contested measure only marginally differed from the measure at issue in the first recourse to a compliance Panel. It is at second sight that this AB Report reveals its interesting facets. We highlight a few remarkable legal and economics aspects, some of a more systemic nature, some offering practical insights: For practitioners, the role of estoppel in WTO litigation, the legal effect of Panel suggestions, and the relevance of Uruguay Round Modalities Papers as interpretative tools may be of interest. Readers more concerned with systemic aspects of the WTO may take interest in the economics of tariff quotas, the inherently discriminatory nature of tariff-quota allocation in the WTO, and the relevance of compliance proceedings for the damage calculation under Article 22.6 of the DSU.
Introduction
The trade dispute over the European Community's banana importation regime is one of the longest-standing cases in the history of the WTO. The fact-load of this case is mind-boggling, and through the years Bananas has left a long trail of panels, arbitrations, and procedural battles. The Appellate Body (AB) Report on the second compliance Panel under Article 21.5 of the Dispute Settlement Understanding (DSU) is the presently last stage in the Bananas saga.
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- Information
- The WTO Case Law of 2008 , pp. 7 - 58Publisher: Cambridge University PressPrint publication year: 2010
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