The World Trade Organization

Transcription

1 THE LAW AND POLICY OF The World Trade Organization Since the publication of its first edition, this textbook has been the first choice of teachers and students alike, due to its clear introduction to the basic principles of its trading system and its detailed examination of the law of the World Trade Oganization. The third edition continues to explore the institutional and substantive law of the WTO. Material has been restructured to closely align with teaching approaches making it even more user-friendly. It has been updated to incorporate all new developments in the WTO s ever-growing body of case law. Questions and assignments are integrated to allow students to assess their understanding, while chapter summaries reinforce learning. Chapters end with an exercise reflecting real-life trade problems: these challenge students (and practitioners) and enable them to hone their analytical skills. This title is an essential tool for all WTO law students and will also serve as the practitioner s introductory guide to the WTO. Peter Van den Bossche has been a Member of the Appellate Body of the World Trade Organization since He is Professor of International Economic Law at Maastricht University, The Netherlands, and visiting professor at the College of Europe, Bruges; the World Trade Institute, Berne; the University of Barcelona; and the China EU School of Law, Beijing. From 1997 to 2001, he was counsellor at the Appellate Body Secretariat, and in 2001 served as Acting Director of the Secretariat. In the early 1990s, he worked as référendaire at the European Court of Justice. He studied law at the University of Antwerp (Lic. jur.), the University of Michigan (LLM) and the European University Institute, Florence (PhD). Werner Zdouc is Director of the WTO Appellate Body Secretariat since Mr Zdouc obtained a law degree from the University of Graz in Austria. He then went on to earn a PhD from the University of St Gallen in Switzerland, and afterwards an LLM from Michigan Law School. Mr Zdouc joined the WTO Legal Affairs Division in He moved to the Appellate Body Secretariat in Currently, he is also a lecturer and visiting professor for international trade law at Vienna Economic University and the University of Barcelona. From 1987 to 1989 he worked for governmental and non-governmental development aid organizations.

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3 THE LAW AND POLICY OF The World Trade Organization Text, Cases and Materials THIRD EDITION Peter Van den Bossche Werner Zdouc

4 University Printing House, Cambridge CB2 8BS, United Kingdom Cambridge University Press is part of the University of Cambridge. It furthers the University s mission by disseminating knowledge in the pursuit of education, learning and research at the highest international levels of excellence. Information on this title: / This publication is in copyright. Subject to statutory exception and to the provisions of relevant collective licensing agreements, no reproduction of any part may take place without the written permission of Cambridge University Press. First published th printing 2015 Printed in the United Kingdom by Clays, St Ives plc. A catalogue record for this publication is available from the British Library ISBN Hardback ISBN Paperback Cambridge University Press has no responsibility for the persistence or accuracy of URLs for external or third-party internet websites referred to in this publication, and does not guarantee that any content on such websites is, or will remain, accurate or appropriate.

5 CONTENTS List of figures xv Preface xvii Table of WTO cases xix Table of GATT cases liii 1 International trade and the law of the WTO 1 1 Introduction 1 2 Economic globalisation and international trade Emergence of the global economy A blessing or a curse? Free trade versus restricted trade International trade to the benefit of all? 26 3 The law of the WTO International rules on international trade Basic rules of WTO law 35 4 Sources of WTO law The Marrakesh Agreement Establishing the World Trade Organization Other sources of WTO law 50 5 WTO law in context WTO law and international law WTO law and national law 63 6 Summary 71 Exercise 1: Globaphiles versus Globaphobes 73 2 The World Trade Organization 74 1 Introduction 74 2 The origins of the WTO The General Agreement on Tariffs and Trade of Uruguay Round of Multilateral Trade Negotiations 79 v

6 vi Contents 3 Mandate of the WTO Objectives of the WTO Functions of the WTO 84 4 Membership and institutional structure Membership of the WTO Institutional structure of the WTO Decision-making in the WTO WTO decision-making in theory WTO decision-making in practice Participation in WTO decision-making Other issues Legal status of the WTO WTO budget Summary 152 Exercise 2: To join or not to join? WTO dispute settlement Introduction Jurisdiction of the WTO dispute settlement system Nature of the jurisdiction Scope of the jurisdiction Access to the WTO dispute settlement system Right of recourse to WTO dispute settlement Access of Members other than the parties Indirect access to the WTO dispute settlement system Key features of WTO dispute settlement Single, comprehensive and integrated system Different methods of dispute settlement Multilateral dispute settlement Preference for mutually acceptable solutions Mandate to clarify WTO provisions Remedies for breach Institutions of WTO dispute settlement Dispute Settlement Body Panels The Appellate Body Other entities involved in WTO dispute settlement Process of WTO dispute settlement General observations on the WTO dispute settlement process Consultations 269

7 vii Contents 6.3 Panel proceedings Appellate Body proceedings Implementation and enforcement Developing-country Members and WTO dispute settlement Special rules for developing-country Members Legal assistance for developing-country Members Future challenges to WTO dispute settlement Summary 304 Exercise 3: Right over might Most-favoured-nation treatment Introduction Most-favoured-nation treatment under the GATT Nature of the MFN treatment obligation of Article I:1 of the GATT MFN treatment test of Article I:1 of the GATT Most-favoured-nation treatment obligation and the Enabling Clause of the GATT Most-favoured-nation treatment under the GATS Nature of the MFN treatment obligation of Article II:1 of the GATS MFN treatment test of Article II:1 of the GATS Summary 345 Exercise 4: Tyres National treatment Introduction National treatment under the GATT Nature of the national treatment obligation of Article III of the GATT National treatment test for internal taxation on like products National treatment test for internal taxation on directly competitive or substitutable products National treatment test for internal regulation National treatment under the GATS Nature of the national treatment obligation of Article XVII:1 of the GATS National treatment test of Article XVII:1 of the GATS Summary 414 Exercise 5: Beer 416

8 viii Contents 6 Tariff barriers Introduction Customs duties on imports Definition and types Purpose of customs duties on imports Customs duties as a lawful instrument of protection Negotiations on the reduction of customs duties Tariff concessions and Schedules of Concessions Protection of tariff concessions Modification or withdrawal of tariff concessions Imposition of customs duties on imports Other duties and charges on imports Definition and types Rule regarding other duties or charges on imports Measures exempted from the rule Customs duties and other duties and charges on exports Definition and purpose Rules applicable on export duties Summary 474 Exercise 6: Carlie goes to Europe Non-tariff barriers Introduction Quantitative restrictions on trade in goods Definition and types Rules on quantitative restrictions Administration of quantitative restrictions Special and differential treatment Other non-tariff barriers on trade in goods Lack of transparency Unfair and arbitrary application of trade measures Customs formalities and procedures Government procurement laws and practices Other measures and actions Market access barriers to trade in services Definition and types of market access barriers Rules on market access barriers Negotiations on market access for services Schedules of Specific Commitments Modification or withdrawal of commitments 530

9 ix Contents 5 Other barriers to trade in services Lack of transparency Unfair and arbitrary application of trade measures Licensing and qualification requirements and technical standards Government procurement laws and practices Other measures and actions Summary 537 Exercise 7: Shoe Ease General and security exceptions Introduction General exceptions under the GATT Key features of Article XX of the GATT Two-tier test under Article XX of the GATT Specific exceptions under Article XX of the GATT Chapeau of Article XX of the GATT Policy space for Members to protect other societal values General exceptions under the GATS Two-tier test under Article XIV of the GATS Specific exceptions under Article XIV of the GATS Chapeau of Article XIV of the GATS Security exceptions under the GATT 1994 and the GATS Article XXI of the GATT Article XIV bis of the GATS Summary 600 Exercise 8: Tetra Pack containers Economic emergency exceptions Introduction Safeguard measures under the GATT 1994 and the Agreement on Safeguards Requirements for the use of safeguard measures Domestic procedures and notification and consultation requirements Characteristics of safeguard measures Safeguard measures under other WTO agreements Safeguard measures under the Agreement on Agriculture Safeguard measures under China s Accession Protocol Safeguard measures under the GATS 635

10 x Contents 4 Balance-of-payments measures under the GATT 1994 and the GATS Balance-of-payments measures under the GATT Balance-of-payments measures under the GATS Summary 646 Exercise 9: Glass producers in dire straits Regional trade exceptions Introduction Proliferation of regional trade agreements Regional trade exceptions under the GATT Exceptions relating to customs unions Exceptions relating to free trade areas Interim agreements Special and differential treatment of developing-country Members Regional trade exceptions under the GATS Requirements for economic integration agreements Labour markets integration agreements Special and differential treatment of developing-country Members Institutional and procedural matters Summary 671 Exercise 10: Stepping stone or stumbling block? Dumping Introduction Basic elements of WTO law on dumping History of the law on dumping Concept of dumping WTO treatment of dumping Response to injurious dumping Current use of anti-dumping measures Determination of dumping Normal value Export price Comparison of the export price with the normal value Determination of injury to the domestic industry Domestic industry Injury Demonstration of a causal link Relevant factors Non-attribution requirement Cumulation 711

11 xi Contents 6 Anti-dumping investigation Initiation of an investigation Conduct of the investigation Public notice and judicial review Anti-dumping measures Imposition of provisional anti-dumping measures Price undertakings Imposition and collection of anti-dumping duties Duration, termination and review of anti-dumping duties Problem of circumvention of anti-dumping duties Institutional and procedural provisions of the Anti-Dumping Agreement The Committee on Anti-Dumping Practices Dispute settlement Special and differential treatment for developing-country Members Summary 739 Exercise 11: Dirty play, but by whom? Subsidies Introduction Basic elements of WTO law on subsidies and subsidised trade History of the law on subsidies and subsidised trade Concept of subsidy WTO treatment of subsidies Response to injurious subsidised trade Current use of subsidies and countervailing duties Subsidies covered by the SCM Agreement Financial contribution Financial contribution by a government Financial contribution conferring a benefit Requirement of specificity of the subsidy Prohibited subsidies Export subsidies Import substitution subsidies Multilateral remedies for prohibited subsidies Actionable subsidies Subsidies causing injury Subsidies causing nullification or impairment Subsidies causing serious prejudice Multilateral remedies for actionable subsidies Non-actionable subsidies 813

12 xii Contents 6 Countervailing measures Conditions for the imposition of countervailing duties Conduct of countervailing investigations Application of countervailing measures Countervailing duties or countermeasures Institutional and procedural provisions Transparency and notification requirements Subsidies Committee Dispute settlement Special and differential treatment for developing-country Members Agricultural subsidies under the Agreement on Agriculture Agricultural export subsidies Domestic agricultural support measures The peace clause Summary 845 Exercise 12: Airbus replay Technical barriers to trade Introduction Scope of application of the TBT Agreement Measures to which the TBT Agreement applies Entities covered by the TBT Agreement Temporal scope of application of the TBT Agreement Relationship with other WTO agreements Substantive provisions of the TBT Agreement MFN treatment and national treatment obligations Obligation to refrain from creating unnecessary obstacles to international trade Obligation to base technical barriers to trade on international standards Other substantive provisions Institutional and procedural provisions of the TBT Agreement TBT Committee Dispute settlement Technical assistance Summary 890 Exercise 13: Safe cars 892

13 xiii Contents 14 Sanitary and phytosanitary measures Introduction Scope of application of the SPS Agreement Measures to which the SPS Agreement applies Entities covered by the SPS Agreement Temporal scope of application of the SPS Agreement Relationship with other WTO agreements Substantive provisions of the SPS Agreement Basic principles Goal of harmonisation Obligations relating to risk assessment Obligations relating to risk management Provisional measures and the precautionary principle Other substantive provisions Institutional and procedural provisions of the SPS Agreement SPS Committee Dispute settlement Technical assistance Summary 947 Exercise 14: Healthy fruit Intellectual property rights Introduction The origins and objectives of the TRIPS Agreement Origins of the TRIPS Agreement Objectives and principles of the TRIPS Agreement Scope of application of the TRIPS Agreement Substantive scope of application Temporal scope of application General provisions and basic principles of the TRIPS Agreement Relationship between the TRIPS Agreement and WIPO conventions The national treatment obligation The most-favoured-nation treatment obligation Exhaustion of intellectual property rights Substantive protection of intellectual property rights Copyright and related rights Trademarks 979

14 xiv Contents 5.3 Geographical indications Patents Enforcement of intellectual property rights General obligations Civil and administrative procedures and remedies Provisional measures and border measures Criminal procedures Acquisition and maintenance of intellectual property rights Institutional and procedural provisions of the TRIPS Agreement Council for TRIPS Transparency Dispute settlement Special and differential treatment of developing-country Members Transitional periods Technical assistance and transfer of technology Summary 1013 Exercise 15: Malaria Future challenges 1017 Index 1020

15 FIGURES 1.1 Ratio of global trade in merchandise and commercial services to GDP ( ) (source: Ratio of trade in merchandise and commercial services to GDP for selected countries ( ) (source: WTO organisation chart (based on data found on the WTO website) Programme of WTO meetings in October Proposed agenda for the meeting of the General Council of 3 4 October 2012 (source: WT/GC/W/660, dated 1 October 2012) WTO Secretariat organisation chart as of 31 December 2011 (source: World Trade Organization Annual Report 2012) Agenda of the DSB meeting of 28 January 2013 (source: WT/Air/4068, dated 18 January 2013) Flowchart of the WTO dispute settlement process (source: english/thewto_e/whatis_e/tif_e/disp2_e.htm) Excerpt from the Services Schedule of the European Union and its Member States (source: GATS/SC/31, dated 15 April 1994) Excerpt from the customs tariff of India, 2013 (source: India s First Schedule to the Customs Tariff Act: see cst1213-idx.htm) Sixty years of GATT/WTO tariff reductions (source: WTO World Trade Report 2007, Table 5, p. 207) Excerpt from the EU Goods Schedule (source: Schedule LXXX, European Communities, available at goods_schedules_table_e.htm) Tariff rates: bound and applied (source: WTO/ITC/UNCTAD, World Tariff Profiles 2012, available at profiles12_e.pdf) Excerpt from the Schedule of Specific Commitments of Brazil (engineering services) (source: GATS/SC/13, dated 15 April 1994, 7) 526 xv

16 xvi Figures 9.1 Increased imports requirement Increased imports requirement Advertisement of the National Association of Italian Shoe Factories (ANCI) (source: Financial Times, 31 January 2006) 681

17 PREFACE Five years have passed since the publication of the second edition of this book and new developments in the law, and in particular the case law, of the WTO called for an updated and fully revised third edition. This third edition has also been restructured with the intention to make it user-friendlier for both students and practitioners. I was very lucky to find Werner Zdouc willing to share the burden of updating, revising and restructuring this book, and become a coauthor of the third edition. Werner focused primarily on Chapters 9 (Economic Emergency Exceptions), 10 (Regional Trade Exceptions), 11 (Dumping) and 12 (Subsidies), while I focused on Chapters 1 (International Trade and the Law of the WTO), 2 (The World Trade Organization), 3 (WTO Dispute Settlement), 4 (Most-Favoured-Nation Treatment), 5 (National Treatment), 6 (Tariff Barriers), 7 (Non-Tariff Barriers), 8 (General and Security Exceptions), 13 (Technical Barriers to Trade), 14 (Sanitary and Phytosanitary Measures), 15 (Intellectual Property Rights) and 16 (Future Challenges). However, we both reviewed and sign for all chapters. This book reflects the current state of WTO law, in respect of both the covered agreements and the rapidly increasing body of panel and Appellate Body reports. While we mention legal issues still to be adjudicated, we do not express any opinion on how these issues should be decided or, more broadly, how WTO law should develop in the future. Where we quote or refer to various and often divergent statements of negotiators, academics or other eminent experts, we do so in order to give the reader a full picture of open debates. It is evident that the description of the current state of WTO law contained in this book is to be attributed to the authors in their private capacity and does not represent the views of the Appellate Body, its Secretariat or the WTO. As the first and second edition, this third edition has once again benefitted from the advice, comments and suggestions of many. Werner and I owe thanks to Iveta Alexovicová, Maria Alcover, Ujal Singh Bhatia, Kaarlo Castren, Gian Franco Chianale, Claude Chase, Leila Choukroune, Victoria Donaldson, Lothar Ehring, xvii

18 xviii Preface Mateo Ferrero, Carlo Gamberale, Susan Hainsworth, Srikanth Hariharan, Valerie Hughes, Johann Human, Arkady Kudryavtsev, Bernard Kuiten, Lauro Locks, Leonardo Macedo, Gabrielle Marceau, Peter Morrison, Jesse Nicol, Fernando Pierola, Maria Pereyra, Denise Prévost, Roy Santana, Andreas Sennekamp, Kelly Kuan Shang, Maarten Smeets, Debra Steger, Paolo Vergano, Hannu Wager, Alan Yanovich and Xiaolu Zhu. We also thank Enrique Arrieta, Samer Budeir, Ahmed Elsisi, Jessica Giovanelli, Gabriel Guardado, Elena Kumashova, and Chengjin Xu for their careful cite checking and cross-referencing. Of course, none of those mentioned above bears any responsibility for any error or omission in this book. Any such error or omission remains the responsibility of the authors. Werner and I are grateful to Sinéad Moloney, Senior Commissioning Editor, Law, at Cambridge University Press and other Cambridge University Press staff, in particular Martin Gleeson, Charles Howell and Helen Francis, for their unfailing and well-organised assistance in matters large and small. We are also grateful to Finola O Sullivan, Editorial Director, Law, at Cambridge University Press for her continued support for this book. With the royalties of the first and second editions of this book, the Maastricht University Fund for Education and Research in International Economic Law (MUFERIEL) was established. Over the last eight years this Fund has allowed Maastricht University to give financial assistance to students and scholars from developing countries. The royalties of the third edition will be used for the same purpose. PETER VAN DEN BOSSCHE Geneva, March 2013

19 TABLE OF WTO CASES The year in brackets following the short name of the case refers to the year in which the panel or Appellate Body report in that case was adopted by the DSB. Where awards or decisions by arbitrators under Articles 21.3(c), 22.6 or 25 of the DSU are concerned, the year in brackets refers to the year in which these awards or decisions were circulated. Short title Argentina Ceramic Tiles (2001) Argentina Footwear (EC) (2000) Argentina Hides and Leather (2001) Argentina Poultry Anti-Dumping Duties (2003) Full case title and citation Panel Report, Argentina Definitive Anti-Dumping Measures on Imports of Ceramic Floor Tiles from Italy, WT/DS189/R, adopted 5 November 2001, DSR 2001:XII, Appellate Body Report, Argentina Safeguard Measures on Imports of Footwear, WT/DS121/AB/R, adopted 12 January 2000, DSR 2000:I, , 45, 228 9, 608 9, 610, 611, 612, 614, , 624 5, 626, 655, 657 Panel Report, Argentina Safeguard Measures on Imports of Footwear, WT/DS121/R, adopted 12 January 2000, as modified by Appellate Body Report WT/ DS121/AB/R, DSR 2000:II, Panel Report, Argentina Measures Affecting the Export of Bovine Hides and Import of Finished Leather, WT/DS155/R and Corr.1, adopted 16 February 2001, DSR 2001:V, , 359, 368, 369, , 485, 503, 504, 505, Panel Report, Argentina Definitive Anti-Dumping Duties on Poultry from Brazil, WT/DS241/R, adopted 19 May 2003, DSR 2003:V, , , 697, 705, 750, 719 xix

20 xx Table of WTO Cases Short title Argentina Preserved Peaches (2003) Argentina Textiles and Apparel (1998) Australia Apples (2010) Australia Automotive Leather II (1999) Australia Automotive Leather II (Article 21.5 US) (2000) Australia Salmon (1998) Australia Salmon (Article 21.5 Canada) (2000) Full case title and citation Panel Report, Argentina Definitive Safeguard Measure on Imports of Preserved Peaches, WT/DS238/R, adopted 15 April 2003, DSR 2003:III, , , , Appellate Body Report, Argentina Measures Affecting Imports of Footwear, Textiles, Apparel and Other Items, WT/DS56/AB/R and Corr.1, adopted 22 April 1998, DSR 1998:III, , 319, 446 7, 448, 465, 466, 467, 469 Appellate Body Report, Australia Measures Affecting the Importation of Apples from New Zealand, WT/DS367/AB/R, adopted 17 December 2010, DSR 2010:V, , 898 9, 905, 918, 924 5, 935, 944, Panel Report, Australia Subsidies Provided to Producers and Exporters of Automotive Leather, WT/DS126/R, adopted 16 June 1999, DSR 1999:III, , Panel Report, Australia Subsidies Provided to Producers and Exporters of Automotive Leather Recourse to Article 21.5 of the DSU by the United States, WT/DS126/RW and Corr.1, adopted 11 February 2000, DSR 2000:III, , 777 Appellate Body Report, Australia Measures Affecting Importation of Salmon, WT/DS18/AB/R, adopted 6 November 1998, DSR 1998:VIII, , 222, 238, 279, 905, 916 7, 922, Panel Report, Australia Measures Affecting Importation of Salmon, WT/DS18/R and Corr.1, adopted 6 November 1998, as modified by Appellate Body Report WT/DS18/AB/R, DSR 1998:VIII, Panel Report, Australia Measures Affecting Importation of Salmon Recourse to Article 21.5 of the DSU by Canada, WT/DS18/RW, adopted 20 March 2000, DSR 2000:IV,

21 xxi Table of WTO Cases Short title Brazil Aircraft (1999) Brazil Aircraft (Article 21.5 Canada) (2000) Brazil Aircraft (Article 22.6 Brazil) (2000) Brazil Desiccated Coconut (1997) Brazil Retreaded Tyres (2007) Canada Aircraft (1999) Full case title and citation Appellate Body Report, Brazil Export Financing Programme for Aircraft, WT/DS46/AB/R, adopted 20 August 1999, DSR 1999:III, , Panel Report, Brazil Export Financing Programme for Aircraft, WT/DS46/R, adopted 20 August 1999, as modified by Appellate Body Report WT/DS46/AB/R, DSR 1999:III, , 747 Appellate Body Report, Brazil Export Financing Programme for Aircraft Recourse by Canada to Article 21.5 of the DSU, WT/DS46/AB/RW, adopted 4 August 2000, DSR 2000:VIII, , 777, 778 Decision by the Arbitrators, Brazil Export Financing Programme for Aircraft Recourse to Arbitration by Brazil under Article 22.6 of the DSU and Article 4.11 of the SCM Agreement, WT/DS46/ARB, 28 August 2000, DSR 2002:I, Appellate Body Report, Brazil Measures Affecting Desiccated Coconut, WT/DS22/AB/R, adopted 20 March 1997, DSR 1997:I, , 57, 748 Panel Report, Brazil Measures Affecting Desiccated Coconut, WT/DS22/R, adopted 20 March 1997, upheld by Appellate Body Report WT/DS22/AB/R, DSR 1997:I, Appellate Body Report, Brazil Measures Affecting Imports of Retreaded Tyres, WT/DS332/AB/R, adopted 17 December 2007, DSR 2007:IV, , 220, 221, 552, 556 9, 565, 573, , Panel Report, Brazil Measures Affecting Imports of Retreaded Tyres, WT/DS332/R, adopted 17 December 2007, as modified by Appellate Body Report WT/ DS332/AB/R, DSR 2007:V, , 254, 383 4, 485, 552 3, 554 5, 574 5, Appellate Body Report, Canada Measures Affecting the Export of Civilian Aircraft, WT/DS70/AB/R, adopted 20 August 1999, DSR 1999:III, , 220, 240, 253, 278, 325 6, 760 1, 771, 772, 3 Panel Report, Canada Measures Affecting the Export of Civilian Aircraft, WT/DS70/R, adopted 20 August 1999, upheld by Appellate Body Report WT/DS70/ AB/R, DSR 1999:IV, , 279, 747

22 xxii Table of WTO Cases Short title Canada Aircraft Credits and Guarantees (2002) Canada Autos (2000) Canada Autos (Article 21.3(c)) (2000) Canada Dairy (1999) Canada Dairy (Article 21.5 New Zealand and US) (2001) Full case title and citation Panel Report, Canada Export Credits and Loan Guarantees for Regional Aircraft, WT/DS222/R and Corr.1, adopted 19 February 2002, DSR 2002:III, , 278 Appellate Body Report, Canada Certain Measures Affecting the Automotive Industry, WT/DS139/ AB/R, WT/DS142/AB/R, adopted 19 June 2000, DSR 2000:VI, , , 320, 324, 336, 337, 338, 408, 771 2, 775 Panel Report, Canada Certain Measures Affecting the Automotive Industry, WT/DS139/R, WT/DS142/R, adopted 19 June 2000, as modified by Appellate Body Report WT/DS139/AB/R, WT/DS142/AB/R, DSR 2000:VII, , 343, 384 6, 413, Award of the Arbitrator, Canada Certain Measures Affecting the Automotive Industry Arbitration under Article 21.3(c) of the DSU, WT/DS139/12, WT/ DS142/12, 4 October 2000, DSR 2000:X, Appellate Body Report, Canada Measures Affecting the Importation of Milk and the Exportation of Dairy Products, WT/DS103/AB/R, WT/DS113/AB/R and Corr.1, adopted 27 October 1999, DSR 1999:V, , 192, 193, 447, 758 Panel Report, Canada Measures Affecting the Importation of Milk and the Exportation of Dairy Products, WT/DS103/R, WT/DS113/R, adopted 27 October 1999, as modified by Appellate Body Report WT/DS103/AB/R, WT/DS113/AB/R, DSR 1999:VI, Appellate Body Report, Canada Measures Affecting the Importation of Milk and the Exportation of Dairy Products Recourse to Article 21.5 of the DSU by New Zealand and the United States, WT/DS103/AB/ RW, WT/DS113/AB/RW, adopted 18 December 2001, DSR 2001:XIII, , 295, Panel Report, Canada Measures Affecting the Importation of Milk and the Exportation of Dairy Products Recourse to Article 21.5 of the DSU by New Zealand and the United States, WT/DS103/RW, WT/ DS113/RW, adopted 18 December 2001, as reversed by Appellate Body Report WT/DS103/AB/RW, WT/ DS113/AB/RW, DSR 2001:XIII, , 252

23 xxiii Table of WTO Cases Short title Canada Patent Term (2000) Canada Feed-in Tariff Program (-) Canada Patent Term (2000) Canada Periodicals (1997) Canada Pharmaceutical Patents (2000) Canada Pharmaceutical Patents (Article 21.3(c)) Canada Wheat Exports and Grain Imports (2004) Chile Alcoholic Beverages (2000) Full case title and citation Appellate Body Report, Canada Term of Patent Protection, WT/DS170/AB/R, adopted 12 October 2000, DSR 2000:X, , Panel Report, Canada Measures Relating to the Feed-in Tariff Program, WT/DS426/R and Add.1, circulated to WTO Members 19 December , 230 Panel Report, Canada Term of Patent Protection, WT/DS170/R, adopted 12 October 2000, upheld by Appellate Body Report WT/DS170/AB/R, DSR 2000:XI, , 1001 Appellate Body Report, Canada Certain Measures Concerning Periodicals, WT/DS31/AB/R, adopted 30 July 1997, DSR 1997:I, , 237, 242, 328, 351, 353, 356, 362, 363 4, 368, 370, 372, 373, 378, 378 9, 381 Panel Report, Canada Certain Measures Concerning Periodicals, WT/DS31/R and Corr.1, adopted 30 July 1997, as modified by Appellate Body Report WT/ DS31/AB/R, DSR 1997:I, , 385, 561 Panel Report, Canada Patent Protection of Pharmaceutical Products, WT/DS114/R, adopted 7 April 2000, DSR 2000:V, , 955, 985, Award of the Arbitrator, Canada Patent Protection of Pharmaceutical Products Arbitration under Article 21.3(c) of the DSU, WT/DS114/13, 18 August 2000, DSR 2002:I, 3 197, 199 Appellate Body Report, Canada Measures Relating to Exports of Wheat and Treatment of Imported Grain, WT/DS276/AB/R, adopted 27 September 2004, DSR 2004:VI, , 268 Panel Report, Canada Measures Relating to Exports of Wheat and Treatment of Imported Grain, WT/ DS276/R, adopted 27 September 2004, upheld by Appellate Body Report WT/DS276/AB/R, DSR 2004:VI, , 214, 271 2, 383 4, 394, 398 9, , 560 1, 564, 565 Appellate Body Report, Chile Taxes on Alcoholic Beverages, WT/DS87/AB/R, WT/DS110/AB/R, adopted 12 January 2000, DSR 2000:I, , 370, 378, 380, 381

24 xxiv Table of WTO Cases Short title Full case title and citation Panel Report, Chile Taxes on Alcoholic Beverages, WT/DS87/R, WT/DS110/R, adopted 12 January 2000, as modified by Appellate Body Report WT/DS87/ AB/R, WT/DS110/AB/R, DSR 2000:I, , 372 Chile Alcoholic Beverages (Article 21.3(c)) (2000) Chile Price Band System (2002) Chile Price Band System (Article 21.3(c)) (2003) Chile Price Band System (Article 21.5 Argentina) (2007) China Auto Parts (2009) Award of the Arbitrator, Chile Taxes on Alcoholic Beverages Arbitration under Article 21.3(c) of the DSU, WT/DS87/15, WT/DS110/14, 23 May 2000, DSR 2000:V, Appellate Body Report, Chile Price Band System and Safeguard Measures Relating to Certain Agricultural Products, WT/DS207/AB/R, adopted 23 October 2002, DSR 2002:VIII, 3045 (Corr.1, DSR 2006:XII, 5473) 58, 218, 219, 220, , 268, 299, 464 5, 610, 634 Panel Report, Chile Price Band System and Safeguard Measures Relating to Certain Agricultural Products, WT/DS207/R, adopted 23 October 2002, as modified by Appellate Body Report WT/DS207AB/R, DSR 2002:VIII, , 464 5, 466, 618 9, 620 2, Award of the Arbitrator, Chile Price Band System and Safeguard Measures Relating to Certain Agricultural Products Arbitration under Article 21.3(c) of the DSU, WT/DS207/13, 17 March 2003, DSR 2003:III, Appellate Body Report, Chile Price Band System and Safeguard Measures Relating to Certain Agricultural Products Recourse to Article 21.5 of the DSU by Argentina, WT/DS207/AB/RW, adopted 22 May 2007, DSR 2007:II, , 229, 286, 610, Appellate Body Reports, China Measures Affecting Imports of Automobile Parts, WT/DS339/AB/R/WT/ DS340/AB/R/WT/DS342/AB/R, adopted 12 January 2009, DSR 2009:I, 3 55, 65, 175, 226, 355, 356, 383, 386, 421, 444 5, 455 Panel Reports, China Measures Affecting Imports of Automobile Parts, WT/DS339/R/WT/DS340/R/WT/ DS342/R/and Add.1 and Add.2, adopted 12 January 2009, upheld (WT/DS339/R) and as modified (WT/ DS340/R/WT/DS342/R) by Appellate Body Reports WT/DS339/AB/R/WT/DS340/AB/R/WT/DS342/AB/R, DSR 2009:I, 119-DSR 2009:II, , 385, 421

25 xxv Table of WTO Cases Short title China Electronic Payment Services (2012) China GOES (2012) China Intellectual Property Rights (2009) China Publications and Audiovisual Products (2010) China Raw Materials (2012) Full case title and citation Panel Report, China Measures Affecting Electronic Payment Services, WT/DS413/R, adopted 31 August , 406, , 524, Appellate Body Report, China Countervailing and Anti-Dumping Duties on Grain Oriented Flat-Rolled Electrical Steel from the United States, WT/DS414/ AB/R, adopted 16 November , , 702 4, 706, 721, 722, 723, 781 2, 820, Panel Report, China Countervailing and Anti- Dumping Duties on Grain Oriented Flat-Rolled Electrical Steel from the United States, WT/DS414/R, adopted 16 November 2012, upheld by Appellate Body Report WT/DS414/AB/R 757, 816 Panel Report, China Measures Affecting the Protection and Enforcement of Intellectual Property Rights, WT/DS362/R, adopted 20 March 2009, DSR 2009:V, , Appellate Body Report, China Measures Affecting Trading Rights and Distribution Services for Certain Publications and Audiovisual Entertainment Products, WT/DS363/AB/R, adopted 19 January 2010, DSR 2010:I, 3 55, 57, 65, 186, , 407 8, 528 9, , Panel Report, China Measures Affecting Trading Rights and Distribution Services for Certain Publications and Audiovisual Entertainment Products, WT/ DS363/R and Corr.1, adopted 19 January 2010, as modified by Appellate Body Report WT/DS363/ AB/R, DSR 2010:II, , 383 4, 385, 394, 399, 406, 407 8, , 413, 515, , 525, 548 0,, Appellate Body Reports, China Measures Related to the Exportation of Various Raw Materials, WT/ DS394/AB/R/WT/DS395/AB/R/WT/DS398/AB/R, adopted 22 February , 213, 483 4, 485, 486, 503 4, , 567, 568 Panel Reports, China Measures Related to the Exportation of Various Raw Materials, WT/DS394/R/ WT/DS395/R/WT/DS398/R/and Corr.1, adopted 22 February 2012, as modified by Appellate Body Reports WT/DS394/AB/R/WT/DS395/AB/R/WT/DS398/ AB/R 55, 111, 473, 486, 500, 503 4, 505, , 554, 555, , 568

26 xxvi Table of WTO Cases Short title Colombia Ports of Entry (2009) Dominican Republic Import and Sale of Cigarettes (2005) Dominican Republic Safeguard Measures (2012) EC The ACP EC Partnership Agreement II (2005) EC Approval and Marketing of Biotech Products (2006) EC Asbestos (2001) Full case title and citation Panel Report, Colombia Indicative Prices and Restrictions on Ports of Entry, WT/DS366/R and Corr.1, adopted 20 May 2009, DSR 2009:VI, , 323 4, 328, 330, 368, 369, 459, 483 4, 485, 486, 565 Appellate Body Report, Dominican Republic Measures Affecting the Importation and Internal Sale of Cigarettes, WT/DS302/AB/R, adopted 19 May 2005, DSR 2005:XV, , 196, 220,, 465 Panel Report, Dominican Republic Measures Affecting the Importation and Internal Sale of Cigarettes, WT/DS302/R, adopted 19 May 2005, as modified by Appellate Body Report WT/DS302/AB/R, DSR 2005:XV, , 226, 364 5, 383 4, 396 7, 400 1, 466 7, 484 5, 504 5, 565 Panel Report, Dominican Republic Safeguard Measures on Imports of Polypropylene Bags and Tubular Fabric, WT/DS415/R, WT/DS416/R, WT/DS417/R, WT/ DS418/R, adopted 22 February , 299, 627, 632 Award of the Arbitrator, European Communities The ACP EC Partnership Agreement Second Recourse to Arbitration Pursuant to the Decision of 14 November 2001, WT/L/625, 27 October 2005, DSR 2005:XXIII, Panel Reports, European Communities Measures Affecting the Approval and Marketing of Biotech Products, WT/DS291/R/WT/DS292/R/WT/DS293/R, Add.1 to Add.9, and Corr.1, adopted 21 November 2006, DSR 2006:III VIII, , 189, 190 1, 199, 226, 230 1, 240 1, 257, 261, 264, 279, 282, 401, 862, 886 7, 897 8, 900, 902 3, 907, 915, 929, 932, 935 6, Appellate Body Report, European Communities Measures Affecting Asbestos and Asbestos Containing Products, WT/DS135/AB/R, adopted 5 April 2001, DSR 2001:VII, , 174, 175, 187 8, 220, 243, 265, 325 6, 327, 353, 355, 360, 362 3, 382, , 394, 395, 396, 397, 556 9, 587, 852 3, Panel Report, European Communities Measures Affecting Asbestos and Asbestos Containing Products, WT/DS135/R and Add.1, adopted 5 April 2001, as modified by Appellate Body Report WT/DS135/AB/R, DSR 2001:VIII, , 230 1, 581

27 xxvii Table of WTO Cases Short title EC Bananas III (1997) EC Bananas III (Ecuador) (1997) EC Bananas III (Guatemala and Honduras) (1997) EC Bananas III (Mexico) (1997) EC Bananas III (US) (1997) EC Bananas III (Article 21.3(c)) (1998) EC Bananas III (Article 21.5 EC) Full case title and citation Appellate Body Report, European Communities Regime for the Importation, Sale and Distribution of Bananas, WT/DS27/AB/R, adopted 25 September 1997, DSR 1997:II, , 54, 55 6, 57, , 118, 158 9, 174, 175 6, 181 2, 199, 201, 209, 210, 230 1, , 236, 261 2, 300, , 323 4, 337, 340, 344 5, 382, 384, 395, , 439, 492, 493, 495, 496, 581 Panel Report, European Communities Regime for the Importation, Sale and Distribution of Bananas, Complaint by Ecuador, WT/DS27/R/ECU, adopted 25 September 1997, as modified by Appellate Body Report WT/DS27/AB/R, DSR 1997:III, , 273, 280 1, 324 5, 406, 411, Panel Report, European Communities Regime for the Importation, Sale and Distribution of Bananas, Complaint by Guatemala and Honduras, WT/DS27/R/ GTM, WT/DS27/R/HND, adopted 25 September 1997, as modified by Appellate Body Report WT/DS27/ AB/R, DSR 1997:II, , 273, 280 1, 323 4, 406, 411, Panel Report, European Communities Regime for the Importation, Sale and Distribution of Bananas, Complaint by Mexico, WT/DS27/R/MEX, adopted 25 September 1997, as modified by Appellate Body Report WT/DS27/AB/R, DSR 1997:II, , 273, 280 1, 330, 406, 411, Panel Report, European Communities Regime for the Importation, Sale and Distribution of Bananas, Complaint by the United States, WT/DS27/R/USA, adopted 25 September 1997, as modified by Appellate Body Report WT/DS27/AB/R, DSR 1997:II, , 273, 280 1, 406, 411, Award of the Arbitrator, European Communities Regime for the Importation, Sale and Distribution of Bananas Arbitration under Article 21.3(c) of the DSU, WT/DS27/15, 7 January 1998, DSR 1998:I, Panel Report, European Communities Regime for the Importation, Sale and Distribution of Bananas Recourse to Article 21.5 of the DSU by the European Communities, WT/DS27/RW/EEC, 12 April 1999, and Corr.1, unadopted, DSR 1999:II, , 207

28 xxviii Table of WTO Cases Short title EC Bananas III (Article 21.5 Ecuador) (1999) EC Bananas III (Article 21.5 Ecuador II) (2008) EC Bananas III (Article 21.5 US) (2008) EC Bananas III (US) (Article 22.6 EC) (1999) EC Bed Linen (2001) EC Bed Linen (Article 21.5 India) (2003) Full case title and citation Panel Report, European Communities Regime for the Importation, Sale and Distribution of Bananas Recourse to Article 21.5 of the DSU by Ecuador, WT/ DS27/RW/ECU, adopted 6 May 1999, DSR 1999:II, , 344, 404, 406, 413 Appellate Body Report, European Communities Regime for the Importation, Sale and Distribution of Bananas Second Recourse to Article 21.5 of the DSU by Ecuador, WT/DS27/AB/RW2/ECU, adopted 11 December 2008, and Corr.1, DSR 2008:XVIII, , 229, 295 Appellate Body Report, European Communities Regime for the Importation, Sale and Distribution of Bananas Recourse to Article 21.5 of the DSU by the United States, WT/DS27/AB/RW/USA and Corr.1, adopted 22 December 2008, DSR 2008:XVIII, , 229 Panel Report, European Communities Regime for the Importation, Sale and Distribution of Bananas Recourse to Article 21.5 of the DSU by the United States, WT/DS27/RW/USA and Corr.1, adopted 22 December 2008, upheld by Appellate Body Report WT/ DS27/AB/RW/USA, DSR 2008:XIX, Decision by the Arbitrators, European Communities Regime for the Importation, Sale and Distribution of Bananas Recourse to Arbitration by the European Communities under Article 22.6 of the DSU, WT/ DS27/ARB, 9 April 1999, DSR 1999:II, , 337, 404, 413 Appellate Body Report, European Communities Anti-Dumping Duties on Imports of Cotton Type Bed Linen from India, WT/DS141/AB/R, adopted 12 March 2001, DSR 2001:V, , Panel Report, European Communities Anti-Dumping Duties on Imports of Cotton Type Bed Linen from India, WT/DS141/R, adopted 12 March 2001, as modified by Appellate Body Report WT/DS141/AB/R, DSR 2001:VI, , 686, 698, Appellate Body Report, European Communities Anti-Dumping Duties on Imports of Cotton Type Bed Linen from India Recourse to Article 21.5 of the DSU by India, WT/DS141/AB/RW, adopted 24 April 2003, DSR 2003:III, , 283, 701 2,

29 xxix Table of WTO Cases Short title EC Butter (1999) EC Chicken Cuts (2005) EC Chicken Cuts (Brazil) (2005) EC Chicken Cuts (Thailand) (2005) EC Chicken Cuts (Article 21.3(c)) (2006) EC Commercial Vessels (2005) EC Computer Equipment (1998) EC Export Subsidies on Sugar (2005) EC Export Subsidies on Sugar (Australia) (2005) Full case title and citation Panel Report, European Communities Measures Affecting Butter Products, WT/DS72/R, circulated 24 November , 277 Appellate Body Report, European Communities Customs Classification of Frozen Boneless Chicken Cuts, WT/DS269/AB/R, WT/DS286/AB/R, adopted 27 September 2005, and Corr.1, DSR 2005:XIX, , 187 8, 189, 192, 209, 210, 211, 219 Panel Report, European Communities Customs Classification of Frozen Boneless Chicken Cuts, Complaint by Brazil, WT/DS269/R, adopted 27 September 2005, as modified by Appellate Body Report WT/DS269/ AB/R, WT/DS286/AB/R, DSR 2005:XIX, Panel Report, European Communities Customs Classification of Frozen Boneless Chicken Cuts, Complaint by Thailand, WT/DS286/R, adopted 27 September 2005, as modified by Appellate Body Report WT/ DS269/AB/R, WT/DS286/AB/R, DSR 2005:XX, Award of the Arbitrator, European Communities Customs Classification of Frozen Boneless Chicken Cuts Arbitration under Article 21.3(c) of the DSU, WT/DS269/13, WT/DS286/15, 20 February Panel Report, European Communities Measures Affecting Trade in Commercial Vessels, WT/DS301/R, adopted 20 June 2005, DSR 2005:XV, , 182, 322 3, 351, Appellate Body Report, European Communities Customs Classification of Certain Computer Equipment, WT/DS62/AB/R, WT/DS67/AB/R, WT/DS68/AB/R, adopted 22 June 1998, DSR 1998:V, , 191, 192, 193, 210, 443 5, 70, 528 Appellate Body Report, European Communities Export Subsidies on Sugar, WT/DS265/AB/R, WT/ DS266/AB/R, WT/DS283/AB/R, adopted 19 May 2005, DSR 2005:XIII, , 175, , 242 3, 284 5, Panel Report, European Communities Export Subsidies on Sugar, Complaint by Australia, WT/DS265/R, adopted 19 May 2005, as modified by Appellate Body Report WT/DS265/AB/R, WT/DS266/AB/R, WT/ DS283/AB/R, DSR 2005:XIII, , 230, 252, 264, 280 1

30 xxx Table of WTO Cases Short title EC Export Subsidies on Sugar (Brazil) (2005) EC Export Subsidies on Sugar (Thailand) (2005) EC Export Subsidies on Sugar (Article 21.3(c)) (2005) EC Fasteners (China) (2011) EC Hormones (1998) EC Hormones (Canada) (1998) EC Hormones (US) (1998) EC Hormones (Article 21.3(c)) (1998) Full case title and citation Panel Report, European Communities Export Subsidies on Sugar, Complaint by Brazil, WT/DS266/R, adopted 19 May 2005, as modified by Appellate Body Report WT/DS265/AB/R, WT/DS266/AB/R, WT/ DS283/AB/R, DSR 2005:XIV, , 230, 252, 264, Panel Report, European Communities Export Subsidies on Sugar, Complaint by Thailand, WT/DS283/R, adopted 19 May 2005, as modified by Appellate Body Report WT/DS265/AB/R, WT/DS266/AB/R, WT/ DS283/AB/R, DSR 2005:XIV, , 230, 252, 264, Award of the Arbitrator, European Communities Export Subsidies on Sugar Arbitration under Article 21.3(c) of the DSU, WT/DS265/33, WT/DS266/33, WT/DS283/14, 28 October 2005, DSR 2005:XXIII, , 198 Appellate Body Report, European Communities Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China, WT/DS397/AB/R, adopted 28 July , 238, 697 8, , 721 Appellate Body Report, EC Measures Concerning Meat and Meat Products (Hormones), WT/DS26/AB/R, WT/ DS48/AB/R, adopted 13 February 1998, DSR 1998:I, , 158 9, 175, 186, 188, 199, 220, 723, 236 8, 258, 275, 280 1, 901, 905, 906, , , 918, , 922, Panel Report, EC Measures Concerning Meat and Meat Products (Hormones), Complaint by Canada, WT/DS48/R/CAN, adopted 13 February 1998, as modified by Appellate Body Report WT/DS26/AB/R, WT/DS48/AB/R, DSR 1998:II, , 214, 280 1, 862, Panel Report, EC Measures Concerning Meat and Meat Products (Hormones), Complaint by the United States, WT/DS26/R/USA, adopted 13 February 1998, as modified by Appellate Body Report WT/DS26/ AB/R, WT/DS48/AB/R, DSR 1998:III, , 214, 280 1, 862, Award of the Arbitrator, EC Measures Concerning Meat and Meat Products (Hormones) Arbitration under Article 21.3(c) of the DSU, WT/DS26/15, WT/ DS48/13, 29 May 1998, DSR 1998:V, , 197