Solución de controversias
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Foreword
This Handbook explains the rules and procedures of the WTO dispute settlement system explores the practices that have arisen in its operation since its entry into force on 1 January 1995 and provides a comprehensive account of the existing jurisprudence concerning dispute settlement procedures. It also includes useful information on the operation of the WTO dispute settlement system to date including tips about notification procedures templates of working procedures and timetables timelines of actual disputes statistical data etc. The primary purpose of this Handbook is to explain the WTO dispute settlement system to an interested person who may not necessarily have a legal background. With its detailed content and practice-oriented focus it may also serve as a useful reference tool to experienced practitioners of WTO law including not only prospective panelists and private counsel but also government officials from WTO members.
A Handbook on the WTO Dispute Settlement System, 2nd Edition
The WTO dispute settlement system has become one of the most dynamic effective and successful international dispute settlement systems in the world over the past twenty years. This second edition of A Handbook on the WTO Dispute Settlement System has been compiled by the dispute settlement lawyers of the WTO Secretariat with a view to providing a practice-oriented account of the system. In addition to describing the existing rules and procedures this accessibly written handbook explains how those rules and procedures have been interpreted by dispute settlement panels and the Appellate Body and how they have evolved over time. The handbook provides practical information to help various audiences understand the day-to-day operation of the WTO dispute settlement system.
Introduction to the WTO Dispute Settlement System
The WTO Agreement is a treaty negotiated by dozens of countries over the seven-year span of the Uruguay Round of multilateral trade negotiations. It comprises agreements setting out a delicate and carefully achieved balance of rights and obligations for WTO members in respect of a vast array of measures affecting trade such as tariffs internal taxes subsidies sanitary and phytosanitary measures intellectual property rights and services to name but a few. Some of these agreements were negotiated and concluded in successive rounds throughout the lifespan of the General Agreement on Tariffs and Trade (GATT) the predecessor to the WTO. Others build on and further elaborate previously negotiated agreements. Except for the plurilateral agreements the WTO Agreement was adopted by the WTO members as a “single undertaking”. This means that in agreeing to be bound by the WTO Agreement WTO members must accept the entirety of the WTO Agreement and may not pick and choose among the constituent trade agreements. In so agreeing WTO members consider the balance of negotiated rights and obligations across the entirety of the WTO Agreement.
Indonesia - Importation of Horticultural Products, Animals and Animal Products
On 8 May 2014 New Zealand requested consultations with Indonesia concerning certain measures it imposes on the importation of horticultural products animals and animal products. New Zealand claims that the measures are inconsistent with: - Articles III:4 X:1 and XI:1 of the GATT 1994; - Article 4.2 of the Agreement on Agriculture; - Articles 1.2 1.5 1.6 2.2 3.2 3.3 5.1 and 5.2 of the Import Licensing Agreement; and - Articles 2.1 and 2.15 of the Agreement on Preshipment Inspection.
Canada - Anti-Dumping Measures on Imports of Certain Carbon Steel Welded Pipe from the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu
On 25 June 2014 Chinese Taipei requested consultations with Canada with respect to the provisional and definitive anti-dumping measures imposed by Canada on imports of certain carbon steel welded pipe (CSWP) originating in among others Chinese Taipei. Chinese Taipei claims that the measures are inconsistent with: - Articles 1 3.1 3.2 3.4 3.5 3.7 5.8 6.8 6.10 18 and Annex II of the Anti-Dumping Agreement; - Article VI of the GATT 1994. On 7 November 2014 Chinese Taipei requested further consultations. In addition to the measures listed in the original request for consultations Chinese Taipei claimed that the measures were also inconsistent with Articles 2.2 7.1(ii) 7.5 9.2 and 9.3 of the Anti-Dumping Agreement.
European Union - Anti-Dumping Measures on Imports of Certain Fatty Alcohols from Indonesia
On 27 July 2012 Indonesia requested consultations with the European Union with respect to the imposition of definitive and provisional anti-dumping measures by the European Union on the importation of fatty alcohols and with respect to certain aspects of the investigation underlying these measures.
United States - Conditional Tax Incentives for Large Civil Aircraft
On 19 December 2014 the European Union requested consultations with the United States with respect to conditional tax incentives established by the State of Washington in relation to the development manufacture and sale of large civil aircraft. The European Union alleges that the measures constitute specific subsidies within the meaning of Articles 1 and 2 of the SCM Agreement. The European Union also considers that the measures are prohibited subsidies that are inconsistent with Articles 3.1(b) and 3.2 of the SCM Agreement
United States - Certain Methodologies and their Application to Anti-Dumping Proceedings Involving China
On 3 December 2013 China requested consultations with the United States regarding the use of certain methodologies in anti-dumping investigations involving Chinese products. China claims that the measures mentioned in the request for consultations are inconsistent with: - Articles 2.4.2 6.1 6.8 6.10 9.2 9.3 9.4 and Annex II of the Anti-Dumping Agreement; and - Article VI:2 of the GATT 1994.
European Union - Anti-Dumping Measures on Biodiesel from Argentina
The European Union and Argentina each appeals certain issues of law and legal interpretations developed in the Panel Report European Union – Anti-Dumping Measures on Biodiesel from Argentina (Panel Report). The Panel was established on 25 April 2014 to consider a complaint by Argentina with respect to two measures of the European Union: (i) the anti-dumping measure imposed by the European Union on imports of biodiesel originating in Argentina; and (ii) the second subparagraph of Article 2(5) of Council Regulation (EC) No. 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (Basic Regulation).
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.
India - Certain Measures Relating to Solar Cells and Solar Modules
On 6 February 2013 the United States requested consultations with India concerning certain measures of India relating to domestic content requirements under the Jawaharlal Nehru National Solar Mission (“NSM”) for solar cells and solar modules.
United States - Anti-Dumping and Countervailing Measures on Large Residential Washers from Korea
On 29 August 2013 Korea requested consultations with the United States concerning anti–dumping and countervailing measures relating to large residential washers from Korea. Korea claims that the measures identified in its request for consultations are inconsistent with: - Articles 1 2.1 2.4 2.4.2 5.8 9.3 9.4 9.5 11 and 18.4 of the Anti-Dumping Agreement; - Articles 1.1 1.2 2.1 2.2 10 14 and 19.4 of the SCM Agreement; - Articles VI VI:1 VI:2 and VI:3 of the GATT 1994; - Article XVI:4 of the WTO Agreement.