WTO Case Law in 2012: Appellate Body Report, United States - Certain Country of Origin Labeling Requirements

2012 ◽  
Author(s):  
Henok Birhanu Asmelash

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...


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)...


Author(s):  
Joanna Gomula

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...


2007 ◽  
Vol 6 (1) ◽  
pp. 89-122 ◽  
Author(s):  
GENE M. GROSSMAN ◽  
ALAN O. SYKES

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.


2005 ◽  
Vol 37 (1) ◽  
pp. 49-63 ◽  
Author(s):  
Maria L. Loureiro ◽  
Wendy J. Umberger

In this paper, we assess consumer willingness to pay for a mandatory country-of-origin labeling (COOL) program applied to beef ribeye steaks, chicken breasts, and pork chops, all labeled as “Certified U.S.” products. A consumer survey was mailed in spring and early summer 2003 to households in the continental United States. Results indicate that consumers are in general very concerned about food safety issues, viewing U.S. meat as the safest among the selection of countries considered. Nevertheless, consumer willingness to pay for Certified U.S. products is relatively small, although above the expected implementation costs associated with a mandatory labeling program. This finding coincides with the fact that only 36% of the sample favored consumers paying directly for the costs related to a mandatory COOL program.


2010 ◽  
Vol 9 (1) ◽  
pp. 239-263 ◽  
Author(s):  
PAOLA CONCONI ◽  
Jan Wouters

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.


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