Book contents
- Frontmatter
- Contents
- Foreword
- A note on the American Law Institute
- List of reporters
- 1 Introduction
- 2 EC – Asbestos European Communities – Measures Affecting Asbestos and Asbestos-Containing Products
- 3 US – Shrimp United States – Import Prohibition of Certain Shrimp and Shrimp Products, Recourse to Article 21.5 of the DSU by Malaysia
- 4 US – Lamb United States – Safeguard Measures on Imports of Fresh, Chilled or Frozen Lamb Meat from New Zealand and Australia: What Should Be Required of a Safeguard Investigation?
- 5 EC – Bed Linen European Communities – Anti-Dumping Duties on Imports of Cotton-Type Bed Linen from India
- 6 Mexico – Corn Syrup Mexico – Anti-Dumping Investigation of High Fructose Corn Syrup from the United States, Recourse to Article 21.5 of the DSU by the United States
- 7 Argentina – Ceramic Tiles Argentina – Definitive Anti-Dumping Measures on Imports of Ceramic Floor Tiles from Italy
- 8 US – Lead and Bismuth II United States – Imposition of Countervailing Duties on Certain Hot-Rolled Lead and Bismuth Carbon Steel Products Originating in the United Kingdom: Here Today, Gone Tomorrow? Privatization and the Injury Caused by Non-Recurring Subsidies
- 9 US – Export Restraints United States – Measures Treating Export Restraints as Subsidies
- 10 Canada - Dairy Canada – Measures Affecting the Importation of Dairy Products and the Exportation of Milk
- 11 US – Section 110(5) Copyright Act USt – Section 110(5) of the US Copyright Act, Recourse to Arbitration under Article 25 of the DSU: Would've or Should've? Impaired Benefits due to Copyright Infringement
- Index
- References
9 - US – Export Restraints United States – Measures Treating Export Restraints as Subsidies
Published online by Cambridge University Press: 06 July 2010
- Frontmatter
- Contents
- Foreword
- A note on the American Law Institute
- List of reporters
- 1 Introduction
- 2 EC – Asbestos European Communities – Measures Affecting Asbestos and Asbestos-Containing Products
- 3 US – Shrimp United States – Import Prohibition of Certain Shrimp and Shrimp Products, Recourse to Article 21.5 of the DSU by Malaysia
- 4 US – Lamb United States – Safeguard Measures on Imports of Fresh, Chilled or Frozen Lamb Meat from New Zealand and Australia: What Should Be Required of a Safeguard Investigation?
- 5 EC – Bed Linen European Communities – Anti-Dumping Duties on Imports of Cotton-Type Bed Linen from India
- 6 Mexico – Corn Syrup Mexico – Anti-Dumping Investigation of High Fructose Corn Syrup from the United States, Recourse to Article 21.5 of the DSU by the United States
- 7 Argentina – Ceramic Tiles Argentina – Definitive Anti-Dumping Measures on Imports of Ceramic Floor Tiles from Italy
- 8 US – Lead and Bismuth II United States – Imposition of Countervailing Duties on Certain Hot-Rolled Lead and Bismuth Carbon Steel Products Originating in the United Kingdom: Here Today, Gone Tomorrow? Privatization and the Injury Caused by Non-Recurring Subsidies
- 9 US – Export Restraints United States – Measures Treating Export Restraints as Subsidies
- 10 Canada - Dairy Canada – Measures Affecting the Importation of Dairy Products and the Exportation of Milk
- 11 US – Section 110(5) Copyright Act USt – Section 110(5) of the US Copyright Act, Recourse to Arbitration under Article 25 of the DSU: Would've or Should've? Impaired Benefits due to Copyright Infringement
- Index
- References
Summary
Introduction
This study examines the dispute brought before the World Trade Organization (WTO) concerning the United States – Measures Treating Export Restraints as Subsidies (WT/DS 194), euphemistically referred to herein as US – Export Restraints. In this dispute, Canada challenged the US treatment of export restraints under US countervailing duty law and practice. The principal legal focus was therefore on the WTO Subsidies and Countervailing Measures (SCM) Agreement. This is one of a handful of WTO cases where the complainant (Canada) was not challenging the application of a governmental measure (by the US here) but rather the WTO consistency of existing legal measures. Essentially, Canada claimed that certain US legislation along with established practice by the US Department of Commerce constitute a violation of US obligations under the SCM Agreement.
The GATT has long recognized that subsidies can serve as a non-tariff barrier to international trade. Export subsidies were targeted as an early priority. Establishing more robust rules to cover subsidies became a priority during the Tokyo Round of multilateral trade negotiations and resulted in the 1979 Subsidies Code, which like other GATT codes only applied to its signatories. According to many analysts, the Code had proven inadequate for a number of reasons – including the ability of parties to engage in forum shopping between the Code and Article VI – and the negotiation of a more comprehensive set of disciplines covering subsidies and the application of countervailing duties remained a priority during the Uruguay Round.
- Type
- Chapter
- Information
- The WTO Case Law of 2001The American Law Institute Reporters' Studies, pp. 201 - 235Publisher: Cambridge University PressPrint publication year: 2004
References
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