Legal Maxims: Summaries and Extracts from Selected Case LAW

2017 ◽  
Author(s):  
Joanna Gomula
Keyword(s):  
United States ◽  
Case Law ◽  
Appellate Body Report ◽  
Appellate Body

United States—Countervailing Duty Measures on Certain Products from China (WT/DS437/AB/R), Appellate Body Report circulated on 18 December 2014, adopted on 16 January 2015Argentina—Measures Affecting the Importation of Goods (WT/DS438, 444, 445/AB/R/), Appellate Body Report circulated on 15 January 2015, adopted on 26 January 2015...

Legal Maxims: Summaries and Extracts from Selected Case Law

2019 ◽  
pp. 457-480
Keyword(s):  
United States ◽  
European Union ◽  
Russian Federation ◽  
Case Law ◽  
The European Union ◽  
Appellate Body Report ◽  
Appellate Body

Russian Federation—Measures on the Importation of Live Pigs, Pork and Other Pig Products from the European Union (WT/DS475/AB/RW), Appellate Body Report circulated on 23 February 2017, adopted on 21 March 2017 United States—Certain Methodologies and Their Application to Anti-Dumping Proceedings Involving China (WT/DS471/AB/R), Appellate Body Report circulated on 11 May 2017, adopted on 22 May 2017...

II.2 LEGAL MAXIMS: SUMMARIES AND EXTRACTS FROM SELECTED CASE LAW

2020 ◽  
pp. 409-436
Keyword(s):  
United States ◽  
European Union ◽  
Case Law ◽  
The United States ◽  
Commercial Vehicles ◽  
Member States ◽  
Panel Report ◽  
Appellate Body Report ◽  
Appellate Body ◽  
Civil Aircraft

European Union—Anti-Dumping Measures on Biodiesel from Indonesia (WT/DS480/R), Panel Report circulated on 25 January 2018, adopted on 28 February 2018 Russia—Anti-Dumping Duties on Light Commercial Vehicles from Germany and Italy (WT/DS479/AB/R), Appellate Body Report circulated on 22 March 2018, adopted on 9 April 2018 European Communities and Certain Member States—Measures Affecting Trade in Large Civil Aircraft. Recourse to Article 21.5 of the DSU by the United States (WT/DS487/AB/RW)...

WTO Case Law: The American Law Institute Reporter's Studies United States - Definitive Safeguard Measures on Imports of Certain Steel Products

2007 ◽  
Vol 6 (1) ◽  
pp. 89-122 ◽  
Author(s):  
GENE M. GROSSMAN ◽  
ALAN O. SYKES
Keyword(s):  
United States ◽  
Case Law ◽  
Appellate Body Report ◽  
Safeguard Measures ◽  
Appellate Body ◽  
American Law

The Appellate Body decision in the steel dispute is the latest in a line of unsatisfactory decisions in the safeguards area. The problem stems from the fact that the treaty text regarding the preconditions for the use of safeguard measures is badly deficient. The Appellate Body with its usual emphasis on textualism has done little to resolve the puzzles that the text creates. WTO members are left with little guidance about the proper use of safeguards beyond some confusing and sometimes incoherent standards. We review these issues as they have arisen in prior decisions, and then discuss the details of the steel dispute. Our emphasis there is on the panel decision more than the Appellate Body report, as the latter breaks little new ground.

scholarly journals Appellate Body Report, India – Additional and Extra-Additional Duties on Imports from the United States (WT/DS360/AB/R, adopted on 17 November 2008)

2010 ◽  
Vol 9 (1) ◽  
pp. 239-263 ◽  
Author(s):  
PAOLA CONCONI ◽  
Jan Wouters
Keyword(s):  
United States ◽  
Burden Of Proof ◽  
The United States ◽  
Central Point ◽  
National Treatment ◽  
Appellate Body Report ◽  
Appellate Body ◽  
Border Tax Adjustments ◽  
National Governments

AbstractThis paper critically reviews the main findings of the Appellate Body in the case India – Additional and Extra-Additional Duties on Imports from the United States (India–Additional Import Duties). This ruling sheds light on the interplay between two core provisions of the GATT, namely Article II GATT (Schedules of Concessions) and III GATT (National Treatment on Internal Taxation and Regulation). Linked to this demarcation, the question on the allocation of the burden of proof was a central point of contention in this dispute. The ruling also establishes the principle that WTO Members are allowed to use border tax adjustments, as long as the tax imposed on imports does not exceed the domestic tax. We argue that this principle can help to reconcile the objectives of the WTO with those of national governments.

scholarly journals Nothing Dramatic (… regarding administration of customs laws)

2009 ◽  
Vol 8 (1) ◽  
pp. 31-44
Author(s):  
BERNARD M. HOEKMAN ◽  
PETROS C. MAVROIDIS
Keyword(s):  
United States ◽  
European Community ◽  
Dispute Settlement ◽  
Case Law ◽  
The United States ◽  
Appellate Body ◽  
New Findings ◽  
Customs Administration ◽  
Administrative Actions

AbstractThis paper discusses the 2005 dispute between the European Community (EC) and the United States (US) regarding the customs classification of two specific products and the ambit of Art. X GATT (Publication and Administration of Trade Regulations). The Dispute Settlement Panel and the Appellate Body (AB) essentially upheld the position advocated by the EC, with one exception that is of no practical import, as the EC had already modified its regime. While the AB followed prior case law, it added two new findings. First, the WTO-consistency of laws can be challenged under Art. X GATT if they concern the implementation or application of laws concerning customs administration and enforcement. Second, the obligation included in Art. X.3(b) GATT to establish tribunals or procedures to review and correct administrative actions relating to customs matters concerns courts of first instance only. Thus it is quite possible that their decisions might not be uniform, and absence of uniformity at this level is not a violation of Art. X.3(b).

Legal Maxims: Summaries and Extracts from Selected Case Law

2018 ◽  
Author(s):  
Joanna Gomula
Keyword(s):  
Case Law ◽  
Goods And Services ◽  
Appellate Body Report ◽  
Appellate Body

European Communities—Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China. Recourse to Article 21.5 of the DSU by China (WT/DS397/AB/RW), Appellate Body Report circulated on 18 January 2016, adopted on 12 February 2016Argentina—Measures Relating to Trade in Goods and Services (WT/DS453/AB/R/), Appellate Body Report circulated on 14 April 2016, adopted on 9 May 2016...

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