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brought by contracting parties to the General Agreement on Tariffs and Trade (GATT) from 1948 to 1995 when the GATT was superseded by the World Trade Organization (WTO).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.
United States - Countervailing Duty Measures on Certain Products from China - Recourse 1
On 25 May 2012 China requested consultations with the United States concerning the imposition of countervailing duty measures by the United States on certain products from China. China challenges various aspects of certain identified countervailing duty investigations including their opening conduct and the preliminary and final determinations that led to the imposition of countervailing duties. China also challenges the “rebuttable presumption” allegedly established and applied by the US Department of Commerce that majority government ownership is sufficient to treat an enterprise as a “public body”.
Korea - Import Bans, and Testing and Certification Requirements for Radionuclides
On 22 February 2018 the WTO circulated the panel report in the case brought by Japan in “Korea - Import Bans and Testing and Certification Requirements for Radionuclides".
European Union - Anti-Dumping Measures on Biodiesel from Indonesia
On 25 January 2018 the WTO circulated the panel report in the case brought by Indonesia in “European Union - Anti-Dumping Measures on Biodiesel from Indonesia”
China - Anti-Dumping and Countervailing Duty Measures on Broiler Products from the United States - Recourse 1
On 20 September 2011 the United States requested consultations with China concerning China's measures imposing anti-dumping and countervailing duties on broiler products from the United States.
United States - Anti-Dumping and Countervailing Measures on Certain Coated Paper from Indonesia
On 6 December 2017 the WTO circulated the panel report in the dispute brought by Indonesia in “United States — Anti-Dumping and Countervailing Measures On Certain Coated Paper From Indonesia
United States - Anti-Dumping Measures on Certain Oil Country Tubular Goods from Korea
On 14 November 2017 the WTO circulated the panel report in the case brought by Korea in “United States - Anti-Dumping Measures on Certain Oil Country Tubular Goods from Korea”
Indonesia - Importation of Horticultural Products, Animals and Animal Products
On 9 November 2017 the WTO Appellate Body issued its report in the cases brought by New Zealand and the United States in “Indonesia - Importation of Horticultural Products Animals and Animal Products”.
European Union - Anti-Dumping Measures on Imports of Certain Fatty Alcohols from Indonesia
On 5 September 2017 the WTO Appellate Body issued its report in the case “European Union - Anti-Dumping Measures on Imports of Certain Fatty Alcohols from Indonesia”.
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
Brazil – Certain Measures Concerning Taxation and Charges
On 30 August 2017 the WTO issued the panel reports in the cases brought by the European Union and Japan in “Brazil - Certain Measures Concerning Taxation And Charges”.
Indonesia - Safeguard on Certain Iron or Steel Products
On 18 August 2017 a WTO dispute panel issued a report in the cases brought by Viet Nam and Chinese Taipei in “Indonesia - Safeguard on Certain Iron or Steel Products”.
European Union - Countervailing Measures on Certain Polyethylene Terephthalate from Pakistan
On 6 July 2017 a WTO dispute panel issued a report in the case “European Union - Countervailing Measures on Certain Polyethylene Terephthalate from Pakistan".
United States - Measures Affecting Trade in Large Civil Aircraft (Second Complaint) (Boeing - Airbus) - Recourse 1
On 27 June 2005 the European Communities requested consultations with the United States concerning prohibited and actionable subsidies provided to US producers of large civil aircraft. (See also dispute DS317). The European Communities considers that the measures cited in its request for consultations are inconsistent with: - Articles 3.1(a) 3.1(b) 3.2 5(a) 5(c) 6.3(a) 6.3(b) and 6.3(c) of the SCM Agreement; and - Article III:4 of the GATT 1994
WTO Dispute Settlement: One-Page Case Summaries, 1995-2016
WTO Dispute Settlement: One-Page Case Summaries provides a succinct summary of the key findings of every dispute panel report up to the end of 2016 and where applicable the subsequent Appellate Body report. Each one-page summary comprises three sections: the core facts; the key findings contained in the reports; and where relevant other matters of particular significance. The disputes are presented in chronological order (by dispute settlement number). Two indexes at the end of the publication list the disputes by WTO agreement and by WTO member responding to the complaint.
Foreword
This updated edition of WTO Dispute Settlement: One-Page Case Summaries has been prepared by the Legal Affairs Division of the WTO with assistance from the Rules Division and the Appellate Body Secretariat. This new edition covers all panel and Appellate Body reports adopted by the WTO Dispute Settlement Body as of 31 December 2016.
United States - Certain Methodologies and their Application to Anti-Dumping Proceedings Involving China
On 11 May 2017 the WTO Appellate Body issued its report in the case “United States - Certain Methodologies and their Application To Anti-Dumping Proceedings Involving China”.
United States - Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products
On 25 April 2017 the WTO issued the dispute panel reports in the case "United States - Measures concerning the importation marketing and sale of tuna and tuna products".
China - Anti-Dumping Measures on Imports of Cellulose Pulp from Canada
On 25 April 2017 the WTO issued the panel report in the case brought by Canada in “China - Anti-Dumping Measures on Imports of Cellulose Pulp from Canada".
United States - Anti-Dumping and Countervailing Measures on Large Residential Washers from Korea
On 13 April 2017 an Arbitrator issued her Award regarding the “reasonable period of time” for implementing the recommendations and rulings of the Dispute Settlement Body (DSB) in the dispute “United States — Anti-dumping and Countervailing Measures on large residential washers from Korea” (WT/DS464). The Arbitrator determined that the “reasonable period of time” for the United States to implement the DSB’s recommendations and rulings in this dispute is 15 months from the adoption of the panel and Appellate Body Reports in this dispute. The reasonable period of time will thus expire on 26 December 2017.
European Union - Measures Affecting Tariff Concessions on Certain Poultry Meat Products
On 28 March 2017 the WTO issued the panel report in the case brought by China in “European Union - Measures Affecting Tariff Concessions on Certain Poultry Meat Products”.
Russian Federation - Measures on the Importation of Live Pigs, Pork and other Pig Products from the European Union
On 23 February 2017 the WTO Appellate Body issued its report in the case “Russian Federation - Measures on the Importation of Live Pigs Pork and Other Pig Products from the European Union”.
Russia - Anti-Dumping Duties on Light Commercial Vehicles from Germany and Italy
On 27 January 2017 the WTO issued the panel report in the case brought by the European Union in “Russia - Anti-Dumping Duties on Light Commercial Vehicles from Germany and Italy”.
The Stages in a Typical WTO Dispute
This chapter explains the various stages of a WTO dispute. In principle there are two main ways to settle a dispute once a complaint has been filed in the WTO: either the parties find a mutually agreed solution particularly during the phase of bilateral consultations; or adjudication takes place followed by the subsequent implementation of the panel and Appellate Body reports which are binding upon the parties once adopted by the DSB.