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The WTO Case Law of 2002

The WTO Case Law of 2002 The American Law Institute Reporters' Studies

Author: Henrik Horn; Petros C. Mavroidis
Publisher: Cambridge University Press
ISBN: 9781107412668
Published In: February 2013
Format: Paperback , 296 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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This book, published in 2005, is the second annual report of the American Law Institute (ALI) project on World Trade Organization Law. The project undertakes yearly analysis of the case law from the adjudicating bodies of the WTO. The Reporters' Studies for 2002 cover a wide range of WTO law ranging from classic trade in goods issues to intellectual property protection. Each case is jointly evaluated by well-known experts in trade law and international economics. The reporters critically review the jurisprudence of WTO adjudicating bodies and evaluate whether the ruling 'makes sense' from an economic as well as legal point of view, and if not, whether the problem lies in the interpretation of the law or the law itself. The studies do not cover all issues discussed in a case, but they seek to discuss both the procedural and the substantive issues that form the 'core' of the dispute.

• Independent review of the WTO jurisprudence

• Interdisciplinary approach - analysis from a joint economic and legal perspective

• Analysis by world-leading academics in field of trade law and international economics

Foreword		page vii
List of reporters		ix

1	Introduction	1
	Henrik Horn and Petros C. Mavroidis
2	United States – Section 129(c)(1) of the Uruguay Round Agreements Act (WTO Doc. WT/DS22/R of 15 July 2002): Beating Around (The) Bush	12
	Kyle Bagwell and Petros C. Mavroidis
3	United States – Tax Treatment for “Foreign Sales Corporations” Recourse to Arbitration by the United States Under Article 22.6 of the DSU and Article 4.11 of the SCM Agreement (WT/DS106/ARB): A Comment	36
	Robert Howse and Damien J. Neven
4	United States – Countervailing Duties on Certain Corrosion-Resistant Carbon Steel Flat Products from Germany (WTO Doc. WT/DS213/AB/R): The Sounds of Silence	64
	Gene M. Grossman and Petros C. Mavroidis
5	United States – Countervailing Measures Concerning Certain Products from the European Communities (WTO Doc. WT/DS212/AB/R): Recurring Misunderstanding of Non-Recurring Subsidies	78
	Gene M. Grossman and Petros C. Mavroidis
6	Canada – Export Credits and Loan Guarantees for Regional Aircraft (WT/DS222/R): A Comment	88
	Robert Howse and Damien J. Neven
7	United States – Definitive Safeguard Measures on Imports of Circular Welded Carbon Quality Line Pipe From KoreaGene M. Grossman and Petros C. Mavroidis	99
	Gene M. Grossman and Petros C. Mavroidis
8	Chile – Price Band System and Safeguard Measures Relating to Certain Agricultural ProductsKyle Bagwell and Alan O. Sykes	133
	Kyle Bagwell and Alan O. Sykes
9	India – Measures Affecting the Automotive SectorKyle Bagwell and Alan O. Sykes	158
	Kyle Bagwell and Alan O. Sykes
10	United States – Section 211 Omnibus Appropriations Act of 1998 (WT/DS176/AB/R): A Comment	179
	Robert Howse and Damien J. Neven
11	United States – Preliminary Determination with Respect to Certain Softwood Lumber from Canada: What is a Subsidy?	220
	Henrik Horn and Petros C. Mavroidis
12	European Communities – Trade Description of Sardines: Textualism and its Discontent	248
	Henrik Horn and Joseph H. H. Weiler
Index		276