Dispute Settlement Reports 2004. Volume X, Pages 4689-5025 / World Trade Organization.

Format:

Book

Contributor:

World Trade Organization, copyright holder.

Language:

English

Subjects (All):

Foreign trade regulation--Cases.

Foreign trade regulation.

Tariff--Law and legislation--Cases.

Tariff.

Competition, Unfair--Cases.

Competition, Unfair.

Dispute resolution (Law)--Cases.

Dispute resolution (Law).

Tariff--Law and legislation.

Physical Description:

1 online resource (pages 4689-5025) : digital, PDF file(s)

Place of Publication:

Cambridge : Cambridge University Press, 2006.

System Details:

text file

PDF

Summary:

The Dispute Settlement Reports of the World Trade Organization (WTO) include Panel and Appellate Body reports, as well as arbitration awards, in disputes concerning the rights and obligations of WTO members under the provisions of the Marrakesh Agreement Establishing the World Trade Organization. These are the WTO authorized and paginated reports in English. An essential addition to the library of all practising and academic trade lawyers, and needed by students worldwide taking courses in international economic or trade law. DSR 2004: X reports on the United States continued dumping and subsidy offset act of 2000 (original complaint by India), and contains a cumulative index of published disputes.

Contents:

A Initial Proceedings 4695

B Request for Arbitration and Selection of the Arbitrator 4696

C Order Followed by the Arbitrator in its Analysis 4698

II Preliminary Issues 4698

A Request of the United States for a Preliminary Ruling 4698

1 Summary of the United States' Request 4698

2 Analysis of the Arbitrator 4699

B Sufficient Specificity of India's Request under Article 22.2 of the DSU 4700

1 Preliminary Remarks 4700

2 Main Arguments of the Parties 4701

a United States 4701

b India 4702

3 Does India's Request Fail to Meet the Minimum Specificity Standard Applicable in an Article 22.6 Arbitration? 4702

C Burden of Proof 4703

1 Main Arguments of the Parties 4703

2 Position of the Arbitrator 4704

III Determination of the Level of Nullification or Impairment 4705

A Main Arguments of the Parties 4705

1 United States 4705

2 India 4707

B Analysis of the Arbitrator 4709

2 Review of the Approach Proposed by India 4710

a Article XXIII of GATT 1994 and the DSU 4710

b Previous Arbitrations 4713

ii Interpretation of the Provisions Relating to Nullification or Impairment by Previous Arbitrators 4713

iii Consideration of Benefits Nullified or Impaired in Terms of Economic or Trade Effect 4713

3 Reliance on Specific Instances of Disbursements to Assess Nullification or Impairment 4718

a Main Arguments of the Parties 4718

b Analysis of the Arbitrator 4719

4 Approach to be Followed by the Arbitrator in this Case 4720

C Calculation of the Level of Nullification or Impairment Through an Economic Model 4723

2 Review of the Approaches of the Parties Regarding Economic Models 4723

a United States 4723

b Requesting Parties 4726

3 Analysis of the Arbitrator 4730

a Comparison of the Models 4730

b Choosing an Appropriate Model 4732

4 Data Issues 4736

b Value of Payments 4736

c Elasticity of Substitution 4738

d Pass-Through 4738

5 Application of the Model 4740

D Conclusion: Level of Nullification or Impairment 4741

IV Equivalence of the Level of Suspension of Concessions or Other Obligations with the Level of Nullification or Impairment 4742

A Issues Raised by the United States in Relation to the Level of Suspension of Concessions or Other Obligations Proposed by India 4742

B The Level of Suspension of Concessions or Other Obligations Determined by the Arbitrator to be Equivalent to the Level of Nullification or Impairment 4743

1 Suspension of Concessions or Other Obligations Expressed as a Duty on an Undetermined Quantity of Trade Rather than as a Suspension of Concessions on a Determined Value of Trade 4743

a Arguments of the Parties 4743

i United States 4743

ii India 4744

b Analysis of the Arbitrator 4744

2 Suspension of Concessions or Other Obligations by India and Other Requesting Parties so as to Cover the Total Amount of Disbursements Made under the CDSOA 4745

a Main Arguments of the Parties 4745

i United States 4745

ii India 4746

b Position of the Arbitrator 4746

3 Determination of a Variable Level of Suspension of Concessions or Other Obligations 4747

a Main Arguments of the Parties 4747

i United States 4747

ii India 4748

b Analysis of the Arbitrator 4748

V Award of the Arbitrator 4750

Annex A Working Procedures of the Arbitrator 4753

Annex B Methodology for Calculating the Trade Effect of CDSOA Disbursements 4755.

Notes:

Title from publisher's bibliographic system (viewed on 05 Jan 2018).

Other Format:

Print version:

ISBN:

9781108379250

Access Restriction:

Restricted for use by site license.