The WTO Case Law of 2003 - Banking / Finance - Law

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The WTO Case Law of 2003

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This book, published in 2006, is the third 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 2003 cover a wide range of WTO law. 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	vii
A Note on the American Law Institute	viii
American Law Institute Reporters	ix
1 Introduction	1
Henrik Horn and Petros C. Mavroidis
2 European Communities – Anti-Dumping Duties on Imports of Cotton-Type Bed Linen from India (AB-2000-13, WT/DS141/AB/R:DSR 2003: III, 965): Recourse to Article 21.5 of the DSU by India	11
Gene M. Grossman and Alan O. Sykes
3 United States – Sunset Review of Anti‐Dumping Duties on Corrosion-Resistant Carbon Steel Flat Products From Japan (AB‐2003-5, WT/DS244/AB/R): A Legal and Economic Analysis of the Appellate Body Ruling	31
Robert Howse and Robert. W. Staiger
4 United States – Continued Dumping and Subsidy Offset Act of 2000 (WT/DS217/AB/R: DSR 2003:I,375)	52
Henrik Horn and Petros C. Mavroidis
5 European Community – Antidumping Duties on Malleable Cast Iron Tube or Pipe Fittings from Brazil (WT/DS219/AB/R: DSR 2003:VI, 2613)	87
Henrik Horn and Petros C. Mavroidis
6 United States – Final Determination with Respect to Certain Softwood Lumber from Canada (AB-2003-6, WT/DS257/AB/R)	130
Henrik Horn and Petros C. Mavroidis
7 United States – Definitive Safeguard Measures on Imports of Certain Steel Products (WT/DS259; WT/DS252; WT/DS248; WT/DS249; WT/DS251; WT/DS258; WT/DS254; WT/DS253: DSR 2003:VII, 3117)	146
Gene M. Grossman and Alan O. Sykes
8 Mexico – Measures Affecting Telecommunications Services (WT/DS204/R): A Comment on “El mess in TELMEX”	188
Damien J. Neven and Petros C. Mavroidis
9 European Communities – Conditions for the Granting of Tariff Preferences to Developing Countries (WT/DS246/AB/R)	220
Gene M. Grossman and Alan O. Sykes
10 United States – Anti-Dumping Act of 1916 (Original Complaint by the European Communities) – Recourse to Arbitration by the United States under 22.6 of the DSU, WT/DS136/ARB, 24 February 2004: A Legal and Economic Analysis	254
Robert Howse and Robert W. Staiger
11 Japan – Measures Affecting the Importation of Apples (AB-2003-4): One Bad Apple? (DS245/AB/R): A Comment	280
Damien J. Neven and Joseph H. H. Weiler
Index	311