Dispute settlement reports 2019. Volume IV, Pages 1745-2168 / 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).

Physical Description:

1 online resource (pages 1745-2167) : digital, PDF file(s).

Edition:

1st ed.

Place of Publication:

Cambridge : Cambridge University Press, 2021.

Summary:

These are the WTO's authorized and paginated reports in English. They are an essential addition to the library of all practising trade lawyers and a useful tool for students and academics worldwide working in the field of international economic or trade law. DSR 2019: Volume IV contains the Appellate Body report on 'United States - Measures Affecting Trade in Large Civil Aircraft (Second Complaint) (WT/DS353), Recourse to Article 21.5 of the DSU by the European Union'.

Contents:

Cover

Title page

Half-title

Copyright information

TABLE OF CONTENTS

UNITED STATES - MEASURES AFFECTING TRADE INLARGE CIVIL AIRCRAFT (SECOND COMPLAINT)

Recourse to Article 21.5 of the DSU bythe European Union

Report of the Appellate Body

LIST OF ANNEXES

ABBREVIATIONS USED IN THIS REPORT

PANEL EXHIBITS CITED IN THIS REPORT

CASES CITED IN THIS REPORT

1. INTRODUCTION

1.1 Original Proceedings

1.2 Compliance Proceedings

1.2.1 Panel proceedings

1.2.2 Appellate proceedings and procedural issues

2. ARGUMENTS OF THE PARTICIPANTS

3. ARGUMENTS OF THE THIRD PARTICIPANTS

4. ISSUES RAISED IN THIS APPEAL

5. ANALYSIS OF THE APPELLATE BODY

5.1 United States' Claim Relating to the Panel's Terms of Reference

5.1.1 The Panel's findings

5.1.2 Claims and arguments on appeal

5.1.3 Whether the Panel erred in finding that claims relating to the USDOD procurement contracts were within the scope of these compliance proceedings

5.1.4 Conclusion

5.2 European Union's Claims Relating to the Panel's Findings Concerning the USDOD Procurement Contracts

5.2.1 The Panel's findings under Article 1.1(a)(1) of the SCM Agreement

5.2.1.1 The Panel's analysis regarding Boeing's contribution to a joint venture between USDOD and Boeing

5.2.1.2 The Panel's analysis of whether Boeing shares with USDOD the rewards of the R&amp

D it conducts under the USDOD procurement contracts

5.2.1.3 The Panel's analysis of the collaborative nature and purpose of the USDOD procurement contracts

5.2.2 The Panel's findings under Article 1.1(b) of the SCM Agreement

5.2.3 Completion of the legal analysis

5.2.4 United States' conditional appeal on specificity

5.2.5 Conclusion.

5.3 European Union's Claim Relating to the Panel's Finding Concerning FSC/ETI Tax Concessions Under Article 1.1(a)(1)(ii) of the SCM Agreement

5.3.1 The Panel's findings

5.3.2 Whether the Panel erred in its finding under Article 1.1(a)(1)(ii) of the SCM Agreement with respect to FSC/ETI tax concessions

5.3.3 Completion of the legal analysis

5.3.4 Conclusion

5.4 European Union's Claims Relating to the Panel's Findings Concerning Specificity Under Article 2.1(c) of the SCM Agreement

5.4.1 Article 2.1(c) of the SCM Agreement

5.4.2 The Panel's findings concerning industrial revenue bonds

5.4.2.1 Whether the Panel erred in its interpretation of Article 2.1(c) of the SCM Agreement

5.4.2.2 Whether the Panel erred in its application of Article 2.1(c) of the SCM Agreement

5.4.2.3 Whether the Panel failed to make an objective assessment under Article 11 of the DSU

5.4.2.4 Completion of the legal analysis

5.4.2.5 Conclusion

5.4.3 The Panel's findings concerning economic development bonds

5.4.3.1 Whether the Panel erred in its interpretation ofthe term "limited number" in Article 2.1(c) of the SCM Agreement

5.4.3.2 Whether the Panel erred in its interpretation and application of the term "certain enterprises" in Article 2.1(c) of the SCM Agreement

5.4.3.3 Whether the Panel erred in its interpretation of the term "predominant use" in Article 2.1(c) of the SCM Agreement

5.4.3.4 Whether the Panel failed to make an objective assessment under Article 11 of the DSU

5.4.3.5 Completion of the legal analysis

5.4.3.6 Conclusion

5.5 European Union's Claims Relating to the Panel's Findings Concerning South Carolina MCIP Job Tax Credits

5.5.1 The Panel's findings

5.5.2 Claims and arguments on appeal

5.5.3 Whether the Panel erred in its application of Article 2.2 of the SCM Agreement.

5.5.4 Whether the Panel failed to make an objective assessment under Article 11 of the DSU

5.5.5 Completion of the legal analysis

5.5.6 Conclusion

5.6 Continuing Adverse Effects from the Original Reference Period

5.6.1 Whether the Panel erred under Article 7.8 of the SCM Agreement, or acted inconsistently with Article 11 of the DSU, by excluding transactions found to cause adverse effects during the original reference period from the obligation to take appropriate steps to remove adverse effects

5.6.2 Whether the Panel erred under Articles 5 and 6.3 of the SCM Agreement, or acted inconsistently with Article 11 of the DSU, in its treatment of claims of continuing adverse effects from the original proceedings

5.6.3 Conclusion

5.7 Technology Effects

5.7.1 The Panel's analysis

5.7.2 Whether the Panel erred under Articles 5, 6.3, and 7.8 of the SCM Agreement, or acted inconsistently with Article 11 of the DSU, by failing to consider in its counterfactual analysis the impact of the acceleration effects of the pre- 2007 aeronautics R&amp

D subsidies on the timing of delivery of the 787

5.7.3 Completion of the legal analysis

5.8 Price Effects

5.8.1 European Union's claim relating to the Panel's causation standard

5.8.1.1 Whether the Panel erred under Articles 5, 6.3, and 7.8 of the SCM Agreement in allegedly stating that, to find significant lost sales through a price causal mechanism, there must be no non pricefactors that potentially contributed to Boeing having won those sales

5.8.2 United States' claims relating to the Panel's analysis of the tied tax subsidies

5.8.2.1 The Panel's findings

5.8.2.2 Whether the Panel erred under Articles 5 and 6.3 of the SCM Agreement, or acted inconsistently with Article 11 of the DSU, in its calculation of the per-aircraft amount of subsidization.

5.8.2.3 Whether the Panel erred under Articles 5 and 6.3 of the SCM Agreement, or acted inconsistentlywith Article 11 of the DSU, by failing to ensure that the per-aircraft amount of subsidization covers the entirety of the price differentials

5.8.2.4 Conclusion

5.8.3 European Union's claims relating to the Panel's analysis of the untied subsidies

5.8.3.1 Whether the Panel erred under Articles 5 and 6.3 of the SCM Agreement, or acted inconsistently with Article 11 of the DSU, by requiring that the European Union demonstrate that the untied subsidies actually altered Boeing's pricing behaviour

5.8.3.2 Completion of the legal analysis

5.8.4 Overall conclusion regarding price effects

5.9 Additional Claims on Appeal

6. FINDINGS AND CONCLUSIONS

6.1 Terms of Reference

6.2 USDOD Procurement Contracts

6.3 FSC/ETI Tax Concessions

6.4 City of Wichita Industrial Revenue Bonds

6.5 South Carolina Economic Development Bonds

6.6 South Carolina MCIP Job Tax Credits

6.7 Continuing Adverse Effects

6.8 Technology Effects

6.9 Price Effects

6.10 Additional Claims on Appeal

6.11 Recommendation

ANNEX A

ANNEX A-1 EUROPEAN UNION'S NOTICE OF APPEAL

ANNEX A-2 UNITED STATES' NOTICE OF OTHER APPEAL

ANNEX B

ANNEX B-1 EXECUTIVE SUMMARY OF THE EUROPEAN UNION'S APPELLANT'S SUBMISSION

ANNEX B-2 EXECUTIVE SUMMARY OF THE UNITED STATES' OTHER APPELLANT'S SUBMISSION

ANNEX B-3 EXECUTIVE SUMMARY OF THE UNITED STATES' APPELLEE'S SUBMISSION

ANNEX B-4 EXECUTIVE SUMMARY OF THE EUROPEAN UNION'S APPELLEE'S SUBMISSION

ANNEX C

ANNEX C-1 EXECUTIVE SUMMARY OF BRAZIL'S THIRD PARTICIPANT'S SUBMISSION

ANNEX C-2 EXECUTIVE SUMMARY OF CANADA'S THIRD PARTICIPANT'S SUBMISSION

ANNEX C-3 EXECUTIVE SUMMARY OF CHINA'S THIRD PARTICIPANT'S SUBMISSION

ANNEX C-4 EXECUTIVE SUMMARY OF JAPAN'S THIRD PARTICIPANT'S SUBMISSION.

ANNEX D

ANNEX D-1 PROCEDURAL RULING OF 21 JULY 2017

ANNEX D-2 PROCEDURAL RULING OF 9 AUGUST 2017

ANNEX D-3 PROCEDURAL RULING OF 30 AUGUST 2017

ANNEX D-4 PROCEDURAL RULING OF 12 OCTOBER 2017

ANNEX D-5 PROCEDURAL RULING OF 18 OCTOBER 2017

ANNEX D-6 PROCEDURAL RULING OF 5 APRIL 2018

Cumulative List of Published Disputes.

Notes:

Title from publisher's bibliographic system (viewed on 09 Apr 2021).

ISBN:

1-108-99806-2

1-108-99107-6

OCLC:

1293260212