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The World Trade Organization

The World Trade Organization

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The World Trade Organization

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Presentation Transcript

  1. The World Trade Organization Professor Marc L. Busch

  2. Views of the WTO

  3. Quick Facts About the WTO

  4. Accession

  5. Joining the Club

  6. Joining the Club

  7. Nondiscrimination

  8. The Objective of GATT 1947

  9. GATT I: MFN

  10. “Super” MFN? Super MFN GSP (Enabling Clause) PTAs (GATT XXIV) MFN

  11. GATT III: National Treatment

  12. Rules

  13. Tokyo Codes More Members, More (Complicated) Issues

  14. Brazil Questions Nigeria

  15. Brazil Questions Nigeria

  16. Mini Deals?

  17. The (Un)Doings of Doha Uruguay Round Next Round

  18. Dispute Settlement

  19. WTO Dispute Settlement

  20. De Facto Stare Decisis

  21. De Facto Stare Decisis

  22. WTO Dispute Settlement Panel AB DSU 21 DSU 22 Consultations • GATT XXII or XXIII:1, DSU 4 • Third Party Participation? • Early Settlement? • Delay for one DSB meeting? • Third Party Participation? • Early Settlement? • Appeal Errors in Law • False Judicial Economy? • Reversal of Logic, Ruling? • Compliance Panel • Reasonable Period • Question of Sequencing • Request to Retaliate • How Much Retaliation? • Ending Retaliation?

  23. Consultations: EC—Biotech Products

  24. A Verdict: Brazil—Aircraft Play by Play SCM is relevant No on a contrario No on S&D PROEX is a subsidy Canada Wins! What is Justice?

  25. WTO Retaliation EC—Hormones EC—Bananas US—FSC US—Offset Act

  26. Forum Shopping

  27. The Problem of Forum Shopping 21. Some members wondered what would happen if the conclusions of the bilateral dispute settlement proceedings under the FTA and those reached under the multilateral dispute settlement proceedings were different or even contradictory, and whether in that event, the conclusion reached in terms of the FTA would prevail so far as parties to the FTA were concerned.The representative of the United States stated that the procedures followed presently by the parties to the FTA were consistent with their obligations under the GATT. Any question relating to a possible situation in the future could not be answered at this time. Source: GATT Basic Instruments and Selected Documents, Supplement 38

  28. NAFTA and Forum Shopping

  29. US-Colombia and Forum Shopping

  30. Broom Corn Brooms Periodicals A Tale of Two Disputes • Mexico challenges US safeguard at NAFTA • Other parties involved, case cites WTO law • US files against Canada’s split-runs at WTO • Bilateral issue, NAFTA might compensate

  31. Collision: NAFTA vs. WTO