Dispute settlement

This publication was prepared by Arti Gobind Daswani Roy Santana and János Volkai of the WTO Secretariat with the support of WTO Deputy Director-General Karl Brauner Valerie Hughes (former Director of the WTO’s Legal Affairs Division) Suja Rishikesh Mavroidis (Director of the WTO Market Access Division) and John Adank (Director of the Legal Affairs Division). Special acknowledgment is owed to William Castro of the WTO’s Young Professionals Programme for his contributions to the processing of the data and preparation of the one-page case summaries to WTO staff members Jesse Kreier and Olga Falgueras Alamo from the Rules Division for their contribution to the compilation of relevant documents and to Jesse Nicol from the Appellate Body Secretariat for his comments. The authors are also grateful to Laoise Ní Bhriain Maria Bressi and Bryson Strupp from the Archives Section of the WTO Information Management Services for their active collaboration in checking the archives and identifying relevant information and to Tan Albayrak intern at the Legal Affairs Division for assisting in the final editing of the onepage case summaries.

The General Agreement on Tariffs and Trade is the world’s first general multilateral trade agreement. It was signed in 1947 and came into force on 1 January 1948. As the contracting parties began to implement what is more widely known as the GATT 1947 it is unlikely they would have foreseen the full magnitude of the political and economic importance of their accord and its enduring impact as a fundamental framework for multilateral trade right up to the present day.

Provisional application of the General Agreement on Tariffs and Trade (GATT 1947) began 70 years ago in 1948 and the same year the first GATT dispute was initiated. In total 316 disputes were brought under the GATT 1947 and related agreements in its almost 50 years of provisional application.

The year 2018 marked the 70th anniversary of the provisional application of the General Agreement on Tariffs and Trade (GATT 1947). Although it was intended to be applied on a provisional basis the GATT 1947 governed international trade for almost half a century. Its principles rules and procedures evolved over this period to respond to the changing needs and challenges of GATT contracting parties providing the basis for today’s strengthened international trade rules under the GATT’s successor the World Trade Organization (WTO).

GATT disputes: 1948-1995 (Volume 2) compiles documents regarding dispute settlement procedures under the General Agreement on Tariffs and Trade (GATT) 1947 and other selected documents. It complements Volume 1 which provides a comprehensive overview of dispute settlement activities under the GATT 1947 and a one-page case summary for each of the 316 disputes brought by GATT contracting parties from 1948 to 1995 when the GATT was superseded by the World Trade Organization (WTO). The two volumes offer insights into the evolution of dispute settlement under the GATT 1947 which served as the foundation for the Dispute Settlement Understanding created by the Marrakesh Agreement Establishing the WTO.

On 13 December 2018 the Appellate Body issued its report in the cases by the European Union and Japan in “Brazil - Certain Measures Concerning Taxation and Charges” (DS472 and DS497).

On 31 October 2018 the WTO circulated the panel report in the case brought by Turkey in “Morocco - Anti-Dumping Measures on Certain Hot-Rolled Steel from Turkey” (DS513).