scholarly journals The ramifications of the Appellate Body Ruling in United States - measures affecting the production and sale of clove cigarettes on consumer protection measures at international trade level

De Jure ◽  
2017 ◽  
pp. 156-174
Author(s):  
Omphemetse Sibanda
1999 ◽  
Vol 93 (2) ◽  
pp. 507-514 ◽  
Author(s):  
Bernard H. Oxman ◽  
Gregory Shaffer

United States—Import Prohibition of Certain Shrimp and Shrimp Products.World Trade Organization, Appellate Body, October 12, 1998.In May 1996, the United States effectively prohibited imports of shrimp and shrimp products from all countries that do not require commercial shrimp trawlers to use turtle-excluder devices (TEDs) to permit endangered species of sea turtles to escape from trawling nets to avoid drowning. In January 1997, India, Malaysia, Pakistan and Thailand requested that the WTO Dispute Settlement Body establish a panel to determine whether this import ban, among other things, violates the prohibition on quantitative restrictions in Article XI of GATT (1994). The United States maintained that its import ban was permitted under the exceptions set forth in paragraphs (b) and (g) of GATT Article XX. Four turtle species that migrate in and out of waters subject to the complaining parties’ jurisdiction are listed as endangered under the Convention on International Trade in Endangered Species of Wild Fauna and Flora and are covered by the relevant U.S. regulation.


1996 ◽  
Vol 90 (4) ◽  
pp. 669-674 ◽  
Author(s):  
Judith Hippler Bello ◽  
Maury D. Shenk

United States—Standards for Reformulated and Conventional Gasoline. 35ILM 603 (1996).World Trade Organization Appellate Body, April 29, 1996.In United States—Standards for Reformulated and Conventional Gasoline (Gasoline), the Appellate Body of the World Trade Organization Dispute Settlement Body in its first decision addressed one of the most difficult contemporary issues in international trade— the tension between the growth of international trade and the protection of the global environment. The Appellate Body decided that rules regarding standards for cleanliness of gasoline (Gasoline Rule) adopted under the Clean Air Act by the U.S. Environmental Protection Agency (EPA), which required importers of gasoline to meet different standards from those required of domestic refiners, were not justifiable restrictions on trade under the environmental exceptions of Article XX of GATT 1994 (GATT).


2005 ◽  
Vol 4 (S1) ◽  
pp. 12-35
Author(s):  
Kyle Bagwell ◽  
Petros C. Mavroidis

In this dispute, Canada attacks Section 129(c)(1) of the US trade legislation as a result of the entry into force of the Uruguay Round Agreements [Uruguay Round Agreements Act (URAA), hereinafter “Section 129”] which provides that a new antidumping or countervailing duty determination made by the Department of Commerce (DOC) or the International Trade Commission (ITC) to bring a previous antidumping, countervailing duty or injury determination into conformity with an adverse WTO panel or Appellate Body report applies only to imports that enter the United States on or after the date that the United States Trade Representative (USTR) directs implementation of the new determination.


2020 ◽  
Vol 34 (4) ◽  
pp. 457-459
Author(s):  
Kai He ◽  
T. V. Paul ◽  
Anders Wivel

The rise of “the rest,” especially China, has triggered an inevitable transformation of the so-called liberal international order. Rising powers have started to both challenge and push for the reform of existing multilateral institutions, such as the International Monetary Fund (IMF), and to create new ones, such as the Asian Infrastructure Investment Bank (AIIB). The United States under the Trump administration, on the other hand, has retreated from the international institutions that the country once led or helped to create, including the Trans-Pacific Partnership (TPP); the Paris Agreement; the Iran nuclear deal; the Intermediate-Range Nuclear Forces (INF) Treaty; the United Nations Educational, Scientific and Cultural Organization (UNESCO); and the United Nations Human Rights Council (UNHRC). The United States has also paralyzed the ability of the World Trade Organization (WTO) to settle trade disputes by blocking the appointment of judges to its appellate body. Moreover, in May 2020, President Trump announced his decision to quit the Open Skies Treaty, an arms control regime designed to promote transparency among its members regarding military activities. During the past decade or so, both Russia and the United States have been dismantling multilateral arms control treaties one by one while engaging in new nuclear buildups at home.


2021 ◽  
pp. 1329878X2110055
Author(s):  
Karen Lee ◽  
Derek Wilding

This article applies principles from the Department of Communications’ policy review of telecommunications consumer protection to broadcasting co-regulation. The Consumer Safeguards Review establishes six principles for good regulation, including that rule-making processes should ‘enable a wide range of views to be considered’. It notes that processes for developing telecommunications codes of practice are likely to lead to ‘sub-optimal’ consumer protection measures. The article draws on original empirical research to assess development of commercial television and commercial radio codes of practice, with particular emphasis on public engagement in co-regulation. It finds the broadcasting codes of practice fail to meet the principles adopted by the Department for good co-regulation. It concludes by arguing there is a pressing need for a more holistic review of communications co-regulation, as broadcasting legislation is similar to the telecommunications legislation, and there is a risk that ‘sub-optimal’ practices could be applied in attempts to regulate digital platforms.


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