Dispute settlement
Introduction
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.
Disclaimer
In the interest of accuracy this publication uses the historical names of GATT contracting parties as they were used at the time of each dispute e.g. Ceylon Czechoslovakia Hong Kong the Federal Republic of Germany Yugoslavia or the Federation of Rhodesia and Nyasaland. Likewise this publication makes reference to EEC-6 EEC-9 EEC-10 or EEC-12 to reflect different stages of enlargement of the European Economic Communities. It also refers to individual EEC member States (e.g. France Italy etc.) for cases when these countries acted in their own capacity.
Overview
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 - Overview and One-Page Case Summaries (Vol. 1)
GATT disputes: 1948-1995 (Volume 1) provides verified and factual information on disputes brought by contracting parties to the General Agreement on Tariffs and Trade (GATT) from 1948 to 1995 when the GATT was superseded by the World Trade Organization (WTO). The publication provides a comprehensive overview of dispute settlement activities under the GATT 1947 and a one-page case summary for each of the 316 GATT disputes brought by contracting parties during this period. Volume 2 of this publication covers GATT dispute settlement procedures. 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.
GATT Disputes: 1948-1995 - Dispute Settlement Procedures (Vol. 2)
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.
United States - Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products - Recourse 2
On 14 December 2018 the Appellate Body issued its report in the cases brought by Mexico and the United States in “United States - Measures Concerning the Importation Marketing and Sale of Tuna and Tuna Products — Second Recourse to Article 21.5 of the DSU by Mexico” (DS381).
Brazil - Certain Measures Concerning Taxation and Charges
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).
India - Certain Measures on Imports of Iron and Steel Products
On 6 November 2018 the WTO circulated the panel report in the case brought by Japan in “India - Certain Measures on Imports of Iron and Steel Products” (DS518).
Morocco - Anti-Dumping Measures on Certain Hot-Rolled Steel from Turkey
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).
How Regional Trade Agreements Deal with Disputes Concerning their TBT Provisions?
This paper investigates how RTAs treat disputes concerning their TBT provisions in particular whether they treat them differently from other types of dispute and how they deal with any potential overlap with the WTO when the substantive obligations of the RTA and the WTO TBT Agreement are the same (or similar).
European Union and its Member States - Certain Measures Relating to the Energy Sector
On 10 August 2018 the WTO circulated the panel report in the case brought by the Russian Federation in “European Union and its Member States — Certain Measures Relating to the Energy Sector.
Russia - Measures Affecting the Importation of Railway Equipment and Parts thereof
On 30 July 2018 the WTO circulated the panel report in the case brought by Ukraine in “Russia - Measures affecting the importation of railway equipment and parts thereof.
Ukraine - Anti-Dumping Measures on Ammonium Nitrate
On 20 July 2018 the WTO circulated the panel report in the case brought by Russia in “Ukraine — Anti-Dumping Measures on Ammonium Nitrate.
United States - Countervailing Measures on Supercalendered Paper from Canada
On 5 July 2018 the WTO circulated the panel report in the case brought by Canada in “United States - Countervailing Measures on Supercalendered Paper from Canada.
Australia - Certain Measures Concerning Trademarks, Geographical Indications and Other Plain Packaging Requirements Applicable to Tobacco Products and Packaging
On 28 June 2018 the WTO circulated the panel report in the cases brought by Honduras the Dominican Republic Cuba and Indonesia in “Australia — Certain Measures Concerning Trademarks Geographical Indications and Other Plain Packaging Requirements Applicable to Tobacco Products and Packaging.
European Union - Countervailing Measures on Certain Polyethylene Terephthalate from Pakistan
On 16 May 2018 the WTO Appellate Body issued its report in the case “European Union — Countervailing Duties on Certain Polyethylene Terephthalate from Pakistan.
European Communities and Certain Member States - Measures Affecting Trade in Large Civil Aircraft (Boeing - Airbus) - Recourse 1
On 6 October 2004 the United States requested consultations with the Governments of Germany France the United Kingdom and Spain (the “member States”) and with the European Communities (“EC”) concerning measures affecting trade in large civil aircraft.
Korea - Anti-Dumping Duties on Pneumatic Valves from Japan
On 12 April 2018 the WTO circulated the panel report in the case brought by Japan in “Korea - Anti-Dumping Duties on Pneumatic Valves from Japan".
Russia - Anti-dumping Duties on Light Commercial Vehicles from Germany and Italy
On 22 March 2018 the WTO Appellate Body issued its report in the case “Russia — Anti-Dumping Duties on Light Commercial Vehicles from Germany and Italy.