Skip to main content Accessibility help
×
Hostname: page-component-77c89778f8-m42fx Total loading time: 0 Render date: 2024-07-20T23:28:37.860Z Has data issue: false hasContentIssue false

VII - FINDINGS

from CHINA – MEASURES RELATED TO THE EXPORTATION OF VARIOUS RAW MATERIALS

Published online by Cambridge University Press:  03 January 2018

Corporate Author
Get access

Summary

Issues Relating to the Panel's Terms of Reference

1. Preliminary rulings

7.1 This dispute raises several issues affecting the competence and the terms of reference of the Panel. The Panel recalls that it issued two sets of preliminary rulings concerned, inter alia, with aspects of its terms of reference. As noted, the first phase of the preliminary ruling was issued to the parties on 7 May 2010 and circulated on 18 May. The Panel issued the second phase of its preliminary ruling to the parties on 1 October 2010. At the request of the United States and Mexico, this second phase was circulated only to the third-parties but not to the entire WTO Membership. These preliminary rulings are an integral part of the present findings and are attached to the Panel Reports as an annex (see List of Annexes, pages ii and iii).

7.2 The Panel made the following rulings in the first phase of its preliminary ruling dated 7 May 2010:

  • (a) The Panel's terms of reference are limited to those measures explicitly identified by bullet points in each of the three sections of the complainants' Panel Requests.

  • (b) Of these measures, the term “related measures” referred to in the last bullet point in each of the listed measures is too broad and unspecific a term and therefore falls outside the Panel's terms of reference.

  • Type
    Chapter
    Information
    Publisher: Cambridge University Press
    Print publication year: 2014

    Access options

    Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

    Save book to Kindle

    To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

    Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

    Find out more about the Kindle Personal Document Service.

    • FINDINGS
    • Corporate Author World Trade Organization
    • Book: Dispute Settlement Reports 2012
    • Online publication: 03 January 2018
    • Chapter DOI: https://doi.org/10.1017/CBO9781107279780.030
    Available formats
    ×

    Save book to Dropbox

    To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

    • FINDINGS
    • Corporate Author World Trade Organization
    • Book: Dispute Settlement Reports 2012
    • Online publication: 03 January 2018
    • Chapter DOI: https://doi.org/10.1017/CBO9781107279780.030
    Available formats
    ×

    Save book to Google Drive

    To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

    • FINDINGS
    • Corporate Author World Trade Organization
    • Book: Dispute Settlement Reports 2012
    • Online publication: 03 January 2018
    • Chapter DOI: https://doi.org/10.1017/CBO9781107279780.030
    Available formats
    ×