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12383 results in International Trade Law

Page 367 of 620

  • Report of the Appellate Body

  • from European Communities and Certain Member States - Measures Affecting Trade in Large Civil Aircraft (WT/DS316)
  • Corporate Author World Trade Organization
  • Book:
    Dispute Settlement Reports 2011
    Published online:
    13 December 2017
    Print publication:
    14 February 2013, pp 7-658

  • Summary

    INTRODUCTION

    1. The European Union and the United States each appeals certain issues of law and legal interpretations developed in the Panel Report, European Communities and Certain Member States – Measures Affecting Trade in Large Civil Aircraft (the “Panel Report”). The Panel was established, on 20 July 2005, to consider a complaint by the United States that a series of measures adopted by the European Communities and certain EC member States constituted subsidies to the Airbus companies for the development of large civil aircraft (“LCA”) and were inconsistent with the Agreement on Subsidies and Countervailing Measures (the “SCM Agreement”). The measures at issue that were the subject of the United States’ claims before the Panel include:

  • (a) “launch aid” or “member State financing” (“LA/MSF”): the provision of financing by the Governments of France, Germany, Spain, and the United Kingdom (hereinafter, the “member States”) to Airbus for the purpose of developing the following LCA—the A300, A310, A320, A330/A340 (including the A330-200 and A340-500/600 variants), A350, and A380;

  • (b) loans from the European Investment Bank (the “EIB”): 12 loans provided by the EIB to Airbus companies between 1988 and 2002 for LCA design, development, and other purposes;

  • […]

  • Report of the Appellate Body

  • from Thailand – Customs and Fiscal Measures on Cigarettes from the Philippines (WT/DS371)
  • Corporate Author World Trade Organization
  • Book:
    Dispute Settlement Reports 2011
    Published online:
    12 December 2017
    Print publication:
    14 February 2013, pp 2203-2298

  • Summary

    I. INTRODUCTION

  • Thailand appeals certain issues of law and legal interpretations developed in the Panel Report, Thailand – Customs and Fiscal Measures on Cigarettes from the Philippines (the "Panel Report"). The Panel was established on 17 November 2008 to consider a complaint by the Philippines with respect to certain customs and fiscal measures imposed by Thailand on cigarettes imported from the Philippines.

  • Before the Panel, the Philippines made a number of claims in respect of several Thai customs and fiscal measures affecting cigarettes imported from the Philippines. The Philippines raised three sets of claims: (i) with respect to measures pertaining to customs valuation, under Articles 1, 4, 5, 7, 10, and 16 of the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994 (the "Agreement on Customs Valuation"); (ii) with respect to measures forming part of Thailand's value added tax ("VAT") regime under Article III:2 and Article III:4 of the General Agreement on Tariffs and Trade 1994 (the "GATT 1994"); and (iii) with respect to Thailand's administration of certain customs and fiscal measures, including with respect to guarantees, under Article X of the GATT 1994.

  • The Panel Report was circulated to Members of the World Trade Organization (the "WTO") on 15 November 2010.

  • […]

Dispute Settlement Reports 2011
  • Volume 2, Pages 683–1474
  • Corporate Author World Trade Organization
  • Published online:
    12 December 2017
    Print publication:
    14 February 2013
  • 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 2011: II reports on European Communities and Certain Member States – Measures Affecting Trade in Large Civil Aircraft (WT/DS316).

  • Report of the Panel

  • from United States – Anti-Dumping Measures on Certain Shrimp from Viet Nam (WT/DS404)
  • Corporate Author World Trade Organization
  • Book:
    Dispute Settlement Reports 2011
    Published online:
    12 December 2017
    Print publication:
    14 February 2013, pp 5301-5588

  • Summary

    I. INTRODUCTION

    A. Establishment and Composition of the Panel

    1.1 On 1 February 2010, Viet Nam requested consultations with the United States pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (the "DSU"), Article XXII:1 of the General Agreement on Tariffs and Trade 1994 (the "GATT 1994"), and Articles 17.2 and 17.3 of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (the "Anti-Dumping Agreement") with regard to determinations in the U.S. anti-dumping proceedings on Certain Frozen Warmwater Shrimp from Vietnam (hereafter "Shrimp"), and certain related actions, laws, regulations, administrative procedures, practices and methodologies of the United States.

    1.2 On 7 April 2010, Viet Nam requested, pursuant to Article XXIII:1 of the GATT 1994, Articles 4 and 6 of the DSU, and Article 17.4 of the Anti-Dumping Agreement, that the Dispute Settlement Body ("DSB") establish a panel.

    1.3 At its meeting on 18 May 2010, the DSB established a panel in accordance with Article 6 of the DSU to examine the matter referred to the DSB by Viet Nam in document WT/DS404/5.

  • Report of the Appellate Body

  • from European Communities - Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China (WT/DS397)
  • Corporate Author World Trade Organization
  • Book:
    Dispute Settlement Reports 2011
    Published online:
    12 December 2017
    Print publication:
    14 February 2013, pp 3995-4262

  • Summary

    INTRODUCTION

    1. The European Union and China each appeals certain issues of law and legal interpretations developed in the Panel Report, European Communities – Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China (the "Panel Report"). The Panel was established on 23 October 2009 to consider a complaint by China concerning the consistency "as such" of Article 9(5) of Council Regulation (EC) No. 384/96 of 22 December 1995, as amended, on protection against dumped imports from countries not members of the European Community with the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (the "Anti-Dumping Agreement"), the General Agreement on Tariffs and Trade 1994 (the "GATT 1994"), and the Marrakesh Agreement Establishing the World Trade Organization (the "WTO Agreement"), and the consistency of this measure, "as applied" in the fasteners investigation, with the Anti-Dumping Agreement; and the consistency of Council Regulation (EC) No. 91/2009 of 26 January 2009 imposing a definitive anti-dumping duty on imports of certain iron or steel fasteners originating in the People's Republic of China (the "Definitive Regulation") with the Anti-Dumping Agreement. Council Regulation (EC) No. 384/96 was subsequently repealed and replaced by Council Regulation (EC) No. 1225/2009 of 30 November 2009, and China's submissions to the Panel addressed Council Regulation (EC) No. 1225/2009 (the "Basic AD Regulation").

  • Report of the Panel – Part I

  • from European Communities and Certain Member States – Measures Affecting Trade in Large Civil Aircraft (WT/DS316)
  • Corporate Author World Trade Organization
  • Book:
    Dispute Settlement Reports 2011
    Published online:
    12 December 2017
    Print publication:
    14 February 2013, pp 685-1450

  • Summary

    INTRODUCTION

    Complaint of the United States

    1.1 On 6 October 2004, the United States requested consultations with the European Communities and certain EC member States (Germany, France, the United Kingdom, and Spain) pursuant to Articles 1 and 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (“DSU”), Article XXIII:1 of the General Agreement on Tariffs and Trade 1994 (“GATT 1994”) and Articles 4, 7 and 30 of the Agreement on Subsidies and Countervailing Measures (“SCM Agreement”)(to the extent that Article 30 incorporates Article XXIII of the GATT 1994), with regard to measures affecting trade in large civil aircraft. Consultations were held on 4 November 2004, but the parties failed to resolve the dispute.

    1.2 On 31 May 2005, the United States requested the establishment of a panel pursuant to Article 6 of the DSU, Article XXIII:2 of the GATT 1994, and Articles 4, 7 and 30 of the SCM Agreement (to the extent that Article 30 incorporates Article XXIII of the GATT 1994). In its request for establishment of a panel, the United States requested that the Dispute Settlement Body (the “DSB”) initiate the procedures provided in Annex V of the SCM Agreement pursuant to paragraph 2 of that Annex.

Dispute Settlement Reports 2011
  • Volume 5, Pages 2867–3140
  • Corporate Author World Trade Organization
  • Published online:
    12 December 2017
    Print publication:
    14 February 2013
  • 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 2011: V and VI report on United States - Definitive Anti-Dumping and Countervailing Duties on Certain Products from China (WT/DS379).

Page 367 of 620