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12383 results in International Trade Law

Page 338 of 620

Dispute Settlement Reports 2012
  • Volume 1, Pages 1–646
  • Corporate Author World Trade Organization
  • Published online:
    13 December 2017
    Print publication:
    06 March 2014
  • The Dispute Settlement Reports of the World Trade Organization (WTO) include Panel and Appellate Body reports, as well as arbitration awards, in disputes concerning the rights and obligations of WTO members under the provisions of the Marrakesh Agreement Establishing the World Trade Organization. These are the WTO authorized and paginated reports in English. An essential addition to the library of all practising and academic trade lawyers and needed by students worldwide taking courses in international economic or trade law. DSR 2012: I to III report on United States - Measures Affecting Trade in Large Civil Aircraft (Second Complaint) (WT/DS353).

  • V - THE PANEL'S RECOMMENDATIONS

  • from CHINA – MEASURES RELATED TO THE EXPORTATION OF VARIOUS RAW MATERIALS
  • Corporate Author World Trade Organization
  • Book:
    Dispute Settlement Reports 2012
    Published online:
    03 January 2018
    Print publication:
    06 March 2014, pp 3398-3414

  • Summary

    236. We now turn to address China's appeal regarding the Panel's recommendations concerning export duties and export quotas.

    237. China seeks review of the Panel's recommendations “to the extent that they apply to annual replacement measures” adopted after the establishment of the Panel on 21 December 2009. China argues that the complainants had excluded such measures from the scope of the dispute and, hence, by making recommendations extending to such measures, the Panel acted inconsistently with its obligations under Article 7.1 of the DSU; failed to make an objective assessment of the matter under Article 11 of the DSU; and made recommendations on measures that were not part of the matter, inconsistently with Article 19.1 of the DSU. In response, the United States, the European Union, and Mexico argue that the Panel's recommendations were correctly made in accordance with Articles 7.1, 11, and 19.1 of the DSU on the measures challenged by the complainants as they existed at the time of the Panel's establishment. The United States and Mexico posit that, without such recommendations, “trade measures imposed in part through annually recurring legal instruments could never be successfully challenged through WTO dispute settlement”. The European Union adds that “this is not the proper forum to determine the actions China should take in order to bring itself into compliance with its WTO obligations”; rather, China should follow the procedures provided for under Article 21 of the DSU in order to identify the scope of its compliance obligations.

  • VIII - RULINGS AND RECOMMENDATIONS

  • Corporate Author World Trade Organization
  • Book:
    Dispute Settlement Reports 2012
    Published online:
    13 December 2017
    Print publication:
    06 March 2014, pp 2421-2422

  • Summary

    8.1 In light of the above findings, the Panel finds that the US dolphin-safe provisions:

  • (a) are not inconsistent with Article 2.1 of the TBT Agreement;

  • (b) are inconsistent with Article 2.2 of the TBT Agreement because they are more trade-restrictive than necessary to achieve a legitimate objective, taking into account the risks that non-fulfilment would create;

  • (c) are not inconsistent with Article 2.4 of the TBT Agreement.

    • 8.2 For the reasons explained in Section VII of this Report, the Panel exercises judicial economy with respect to Mexico's claims under Articles I:1 and III:4 of the GATT 1994.

    8.3 Under Article 3.8 of the DSU, in cases where there is an infringement of the obligations assumed under a covered agreement, the action is considered prima facie to constitute a case of nullification or impairment of benefits under that agreement. Accordingly, we conclude that, to the extent that the United States has acted inconsistently with the provisions of the TBT Agreement, it has nullified or impaired benefits accruing to Mexico under that Agreement. We therefore recommend that the DSB request the United States to bring its measures into conformity with its obligations under the TBT Agreement.

  • Dominican Republic - Safeguard Measures on Imports of Polypropylene Bags and Tubular Fabric (WT/DS415, WT/DS416, WT/DS417, WT/DS418): Reports of the Panel

  • Corporate Author World Trade Organization
  • Book:
    Dispute Settlement Reports 2012
    Published online:
    12 December 2017
    Print publication:
    06 March 2014, pp 6775-7108

  • Summary

    INTRODUCTION

    Request for Consultations

    On 15 October 2010 Costa Rica and Guatemala, on 18 October Honduras and on 19 October El Salvador each separately requested consultations with the Dominican Republic pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), Article XXII of the General Agreement on Tariffs and Trade 1994 (GATT 1994) and Article 14 of the Agreement On Safeguards, concerning the provisional and final safeguard measures imposed by the Dominican Republic on imports of polypropylene bags and tubular fabric and the investigation that led to the imposition of those measures.

    On 22 October 2010, Panama requested, by separate communications, to be joined in the consultations requested by Costa Rica, Guatemala, Honduras and El Salvador with the Dominican Republic. On 25 October Guatemala, and on 26 October Costa Rica, Honduras and El Salvador, also each requested to be joined in the consultations requested by each of the other complainants with the Dominican Republic. The Dominican Republic accepted the requests to join consultations submitted by Costa Rica, El Salvador, Guatemala, Honduras and Panama.

    Consultations were held on 16 and 17 November 2010, but the parties failed to reach a mutually satisfactory solution. On 15 December Costa Rica and Guatemala and on 20 December Honduras and El Salvador (the complainants) in separate communications requested the Dispute Settlement Body (DSU) to establish a panel pursuant to Article 6 of the DSU and Article 14 of the Agreement on Safeguards.

    Establishment and Composition of the Panel

    At its meeting on 7 February 2011, the DSB established a single panel pursuant to the requests of Costa Rica, El Salvador, Guatemala and Honduras, in accordance with Article 6 of the DSU. The Panel's terms of reference are the following:

    To examine, in the light of the relevant provisions of the covered agreements cited by the parties to the dispute, the matter referred to the DSB by Costa Rica in document WT/DS415/7, by El Salvador in document WT/DS418/7, by Guatemala in document WT/DS416/7 and by Honduras in document WT/DS417/7, and to make such findings as will assist the DSB in making the recommendations or in giving the rulings provided for in those agreements.

Dispute Settlement Reports 2012
  • Volume 8, Pages 3931–4582
  • Corporate Author World Trade Organization
  • Published online:
    13 December 2017
    Print publication:
    06 March 2014
  • The Dispute Settlement Reports of the World Trade Organization (WTO) include Panel and Appellate Body reports, as well as arbitration awards, in disputes concerning the rights and obligations of WTO members under the provisions of the Marrakesh Agreement Establishing the World Trade Organization. These are the WTO authorized and paginated reports in English. An essential addition to the library of all practising and academic trade lawyers and needed by students worldwide taking courses in international economic or trade law. DSR 2012: VIII reports on China - Measures Related to the Exportation of Various Raw Materials (WT/DS394, WT/DS395, WT/DS398) and Philippines - Taxes on Distilled Spirits (WT/DS396, WT/DS403).

  • VII - FINDINGS AND CONCLUSIONS IN THE APPELLATE BODY REPORT WT/DS396/AB/R

  • from PHILIPPINES - TAXES ON DISTILLED SPIRITS
  • Corporate Author World Trade Organization
  • Book:
    Dispute Settlement Reports 2012
    Published online:
    13 December 2017
    Print publication:
    06 March 2014, pp 4260-4262

  • Summary

    261. In the appeal of the Panel Report, Philippines — Taxes on Distilled Spirits (complaint by the European Union, WT/DS396/R) (the “EU Panel Report”), for the reasons set out in this Report, the Appellate Body:

    (a) with respect to Article III:2, first sentence, of the GATT 1994:

  • (i) upholds the Panel's finding, in paragraph 7.85 of the EU Panel Report, that each type of imported distilled spirit at issue in this dispute—gin, brandy, vodka, whisky, and tequila—made from non-designated raw materials is “like” the same type of domestic distilled spirit made from designated raw materials, within the meaning of Article III:2, first sentence, of the GATT 1994;

  • (ii) finds that the Panel did not act inconsistently with Article 11 of the DSU in its evaluations of the products' physical characteristics, of the Philippine market for distilled spirits, and of tariff classification;

  • (iii) upholds, as a consequence, the Panel's finding, in paragraphs 7.90 and 8.2 of the EU Panel Report, that the Philippines has acted inconsistently with Article III:2, first sentence, of the GATT 1994 by imposing on each type of imported distilled spirit at issue in this dispute—gin, brandy, rum, vodka, whisky, and tequila—internal taxes in excess of those applied to “like” domestic distilled spirits of the same type made from designated raw materials; and

  • (iv) reverses the Panel's finding, in paragraph 7.77 of the EU Panel Report, to the extent that it stands for the proposition that all distilled spirits at issue in this dispute are “like products”, regardless of types, within the meaning of Article III:2, first sentence, of the GATT 1994;

Dispute Settlement Reports 2012
  • Volume 10, Pages 5303–5748
  • Corporate Author World Trade Organization
  • Published online:
    12 December 2017
    Print publication:
    06 March 2014
  • The Dispute Settlement Reports of the World Trade Organization (WTO) include Panel and Appellate Body reports, as well as arbitration awards, in disputes concerning the rights and obligations of WTO members under the provisions of the Marrakesh Agreement Establishing the World Trade Organization. These are the WTO authorized and paginated reports in English. An essential addition to the library of all practising and academic trade lawyers and needed by students worldwide taking courses in international economic or trade law. DSR 2012: X reports on China - Certain Measures Affecting Electronic Payment Services (WT/DS413).

  • ANNEX C UNITED STATES — MEASURES AFFECTING TRADE IN LARGE CIVIL AIRCRAFT — SECOND COMPLAINT — WORKING PROCEDURES FOR THE PANEL

  • Corporate Author World Trade Organization
  • Book:
    Dispute Settlement Reports 2012
    Published online:
    12 December 2017
    Print publication:
    06 March 2014, pp 1808-1811

  • Summary

    (revised 13 September 2007)

  • In its proceedings the Panel shall follow the relevant provisions of the Dispute Settlement Understanding (DSU). In addition, the following working procedures shall apply.

  • The Panel shall conduct its internal deliberations in closed session. The parties to the dispute, and interested third parties, shall be present at meetings only when invited by the Panel to appear before it. The Panel may open its meetings with the parties to the public, subject to appropriate procedures to be adopted by the Panel after consulting with the parties. The Panel may open the third party session of its first substantive meeting to the public, subject to appropriate procedures to be adopted by the Panel after consulting with the parties and third parties.

  • The deliberations of the Panel and the documents submitted to it shall be kept confidential. Nothing in the DSU shall preclude a party to a dispute from disclosing statements of its own positions to the public. Members shall treat as confidential information submitted by another Member to the Panel which that Member has designated as confidential. Where a party to a dispute submits a confidential version of its written submissions to the Panel, it shall also, upon request of a Member, provide a non-confidential summary of the information contained in its submissions that could be disclosed to the public.

  • . . .

  • VIII - ARTICLE XXIII:1(B) OF THE GATT 1994

  • Corporate Author World Trade Organization
  • Book:
    Dispute Settlement Reports 2012
    Published online:
    13 December 2017
    Print publication:
    06 March 2014, pp 2698-2698

  • Summary

    494. Canada and Mexico also each conditionally appeals the Panel's exercise of judicial economy with respect to whether the COOL measure nullifies and impairs benefits within the meaning of Article XXIII:1(b) of the GATT 1994. Canada further raises a conditional appeal with respect to the Vilsack letter. That is, should we reverse the Panel's finding of inconsistency under Article 2.1 of the TBT Agreement, and not find the COOL measure to be inconsistent with Article III:4 of the GATT 1994, then Canada requests us to complete the legal analysis under Article XXIII:1(b) and to find that both the COOL measure and the Vilsack letter nullify and impair benefits accruing to Canada under successive multilateral trade negotiations. Should those same conditions be satisfied, then Mexico requests us to complete the legal analysis under Article XXIII:1(b) and to find that the COOL measure nullifies and impairs benefits accruing to Mexico from the tariff concessions made by the United States in its tariff bindings.

    495. Having upheld the Panel's finding that the COOL measure is inconsistent with Article 2.1 of the TBT Agreement, the first condition upon which Canada's and Mexico's appeals under Article XXIII:1(b) of the GATT 1994 are made is not met, and we therefore need not make any findings in respect of Article XXIII:1(b) with regard to the COOL measure. It is also unnecessary for us to make any finding with regard to the Vilsack letter.

  • China - Certain Measures Affecting Electronic Payment Services (WT/DS413) Report of the Panel

  • Corporate Author World Trade Organization
  • Book:
    Dispute Settlement Reports 2012
    Published online:
    12 December 2017
    Print publication:
    06 March 2014, pp 5305-5724

  • Summary

    INTRODUCTION

    Complaint of the United States

    On 15 September 2010, the United States requested consultations with China pursuant to Articles 1 and 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) and Article XXII of the General Agreement on Trade in Services (GATS) with respect to the measures and claims set out below.

    Establishment and Composition of the Panel

    On 11 February 2011, the United States requested the establishment of a panel pursuant to Article 6 of the DSU with standard terms of reference. At its meeting on 25 March 2011, the Dispute Settlement Body (DSB) established a panel pursuant to the request of the United States in document WT/DS413/2, in accordance with Article 6 of the DSU. The Panel's terms of reference are the following:

    To examine, in the light of the relevant provisions of the covered agreements cited by the parties to the dispute, the matter referred to the DSB by the United States in document WT/DS413/2 and to make such findings as will assist the DSB in making the recommendations or in giving the rulings provided for in those agreements.

    On 23 June 2011, the United States requested the Director-General to determine the composition of the panel, pursuant to Article 8.7 of the DSU. On 4 July 2011, the Director-General accordingly composed the Panel as follows:

    Chairperson: Mr Virachai Plasai

    Members: Ms Elaine Feldman

    Mr Martín Redrado

    Australia, Ecuador, the European Union, Guatemala, India, Japan, and the Republic of Korea reserved their rights to participate in the Panel proceedings as third parties.

    Panel Proceedings

    General

    On 5 July 2011, China submitted to the Panel a request for a preliminary ruling with respect to the consistency of certain aspects of the United States’ panel request with Article 6.2 of the DSU. The Panel issued its preliminary ruling to the parties, with a copy to the third parties, on 7 September 2011. The Panel held a first substantive meeting with the parties on 26-27 October 2011. A session with the third parties took place on 27 October 2011. The Panel held a second substantive meeting with the parties on 13-14 December 2011. On 25 January 2012, the Panel issued the descriptive part of its Panel Report.

Dispute Settlement Reports 2012
  • Volume 5, Pages 2447–2742
  • Corporate Author World Trade Organization
  • Published online:
    13 December 2017
    Print publication:
    06 March 2014
  • The Dispute Settlement Reports of the World Trade Organization (WTO) include Panel and Appellate Body reports, as well as arbitration awards, in disputes concerning the rights and obligations of WTO members under the provisions of the Marrakesh Agreement Establishing the World Trade Organization. These are the WTO authorized and paginated reports in English. An essential addition to the library of all practising and academic trade lawyers and needed by students worldwide taking courses in international economic or trade law. DSR 2012: V reports on United States - Certain Country of Origin Labelling (COOL) Requirements (WT/DS384, WT/DS386).

Page 338 of 620