Dispute settlement reports 2019. Volume V, Pages 2169-3294 / 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 2169-3293) : 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 V contains the panel 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 Panel

LIST OF ANNEXES

CASES CITED IN THIS REPORT

ABBREVIATIONS USED IN THIS REPORT

1. INTRODUCTION

1.1 Complaint by the European Union

1.2 Panel Establishment and Composition

1.3 Panel Proceedings

1.3.1 General

1.3.2 The Panel's ruling and decisions regarding Annex V of the SCM Agreement and requests of the parties that the Panel seek information under Article 13 of the DSU

1.3.3 Requests for preliminary rulings on the Panel's terms of reference and other procedural rulings

1.3.3.1 The United States' request for preliminary rulings

1.3.3.2 The European Union's request for leave to file an additional submission pertaining to Washington State Legislature Substitute Bill 5952

1.3.3.3 Other procedural rulings

2. PARTIES' REQUESTS FOR FINDINGS AND RECOMMENDATIONS

3. ARGUMENTS OF THE PARTIES

4. ARGUMENTS OF THE THIRD PARTIES

5. INTERIM REVIEW

5.1 Introduction

5.2 Specific Requests for Review Submitted by the Parties

5.2.1 Explicit attributions of arguments to the parties

5.2.2 Introduction to Panel findings

5.2.3 Whether certain measures and claims are outside the Panel's terms of reference or are otherwise outside the scope of this proceeding

5.2.4 Whether the United States has failed to withdraw the subsidy within the meaning of Article 7.8 of the SCM Agreement

5.2.5 Whether the United States has failed to take appropriate steps to remove the adverse effects within the meaning of Article 7.8 of the SCM Agreement

5.2.6 Appendix 1

5.3 The BCI or HSBI Designation of Certain Information.

6. INTRODUCTION TO PANEL FINDINGS

6.1 Alleged Non-Compliance of the United States with Article 7.8 of the SCM Agreement as the Main Subject of this Compliance Proceeding

6.2 Article 7.8 of the SCM Agreement and Article 19 of the DSU

6.3 Structure of the European Union's Case that the United States Has Failed to Withdraw the Subsidy and Take Appropriate Steps to Remove the Adverse Effects, within the Meaning of Article 7.8 of the SCM Agreement

6.4 Organization of Panel's Analysis

7. WHETHER CERTAIN MEASURES AND CLAIMS ARE OUTSIDE THE PANEL'S TERMS OF REFERENCE OR ARE OTHERWISE OUTSIDE THE SCOPE OF THIS PROCEEDING

7.1 Introduction

7.2 Washington State and Local Measures

7.2.1 Whether the four original Washington tax measures are outside the scope of this proceeding

7.2.1.1 Main arguments of the parties and third parties

7.2.1.2 Evaluation by the Panel

7.2.2 Whether the Washington State Joint Center for Aerospace Technology Innovation measure is outside the scope of this proceeding

7.2.2.1 Main arguments of the parties and third parties

7.2.2.2 Evaluation by the Panel

7.3 DOD Aeronautics R&amp

D Measures

7.3.1 Background

7.3.2 Whether the pre-2007 DOD procurement contracts funded under the original 23 RDT&amp

E program elements are outside the scope of this compliance proceeding

7.3.2.1 Main arguments of the parties and third parties

7.3.2.2 Evaluation by the Panel

7.3.3 Whether the seven "additional" RDT&amp

E program elements are outside the scope of this proceeding

7.3.3.1 Background

7.3.3.2 Main arguments of the parties and third parties

7.3.3.3 Evaluation by the Panel

7.3.4 Whether DOD "equipment and employees" provided through procurement contracts and assistance instruments funded under the challenged RDT&amp.

E program elements are outside the scope of this compliance proceeding

7.3.4.1 Main arguments of the parties

7.3.4.2 Evaluation by the Panel

7.3.5 Summary of the Panel's rulings as to whether various certain DOD aeronautics R&amp

D measures are outside the scope of this proceeding

7.3.6 Whether the alleged "dual-use" nature of research conducted under the procurement contracts challenged by the European Union is relevant to the Panel's terms of reference

7.4 FAA Aeronautics R&amp

D Measure

7.4.1 Main arguments of the parties and third parties

7.4.2 Evaluation by the Panel

7.5 South Carolina Measures

7.5.1 Whether the Project Gemini and Project Emerald measures are outside the scope of this proceeding

7.5.1.1 Main arguments of the parties and third parties

7.5.1.2 Evaluation by the Panel

7.5.2 Whether the Phase II measures are outside the Panel's terms of reference

7.5.2.1 Main arguments of the parties

7.5.2.2 Evaluation by the Panel

7.6 Claims under Articles 3.1(a) and (b) of the SCM Agreement and Article III of the GATT 1994

7.6.1 Conformity of the panel request with Article 6.2 of the DSU

7.6.1.1 Main arguments of the parties

7.6.1.2 Evaluation by the Panel

7.6.2 Whether claims under Articles 3.1(a), 3.1(b), and 3.2 of the SCM Agreement and under Article III of the GATT 1994, in respect of certain measures, are outside the scope of this proceeding

7.6.2.1 Claims under Articles 3.1(a) and 3.2 of the SCM Agreement with respect to original Washington State tax measures enacted under HB 2294

7.6.2.2 Claims under Articles 3.1(a) and 3.2 of the SCM Agreement against certain original measures

and claims under Articles 3.1(b) and 3.2 of the SCM Agreement and Article III:4 of the GATT 1994 against all original measures.

7.7 Reasons for Declining the European Union's Request for Leave to File an Additional Submission Regarding SSB 5952

7.7.1 Introduction

7.7.2 Background to the European Union's request

7.7.3 The Panel's consideration of the argument and factual material provided in the European Union's request of 4 March 2014

7.7.4 The Washington State tax measures challenged by the European Union in this proceeding

7.7.5 SSB 5952 and its implications for the European Union's claims regarding the Washington State tax measures

7.7.5.1 SSB 5952

7.7.5.2 The European Union's claims under Articles 3.1(b) and 3.2 of the SCM Agreement with respect to the Washington State tax measures in its written submissions and as foreshadowed in its 4 March 2014 letter, as a result of SSB 5952

7.7.5.3 The European Union's claims under Article III:4 of the GATT 1994 with respect to the Washington State tax measures in its written submissions and as foreshadowed in its 4 March 2014 letter, as a result of SSB 5952

7.7.5.4 The European Union's adverse effects claims with respect to the Washington State tax measures in its written submissions and asforeshadowed in its 4 March 2014 letter, as a result of SSB 5952

7.7.5.5 Conclusion

7.7.6 Whether the Washington State tax measures as amended by SSB 5952 are within the Panel's terms of reference

7.7.6.1 Main arguments of the parties

7.7.6.2 Evaluation

7.7.6.3 Conclusion

7.8 Summary of the Panel's Conclusions as to Whether Certain Measures and Claims Are Outside the Panel's Terms of Reference or Are Otherwise Outside the Scope of this Proceeding

8. WHETHER THE UNITED STATES HAS FAILED TO WITHDRAW THE SUBSIDY, WITHIN THE MEANING OF ARTICLE 7.8 OF THE SCM AGREEMENT

8.1 Whether the United States Has Failed to Withdraw the Subsidy by Modifying the Terms of the NASA and DOD Aeronautics R&amp.

D Subsidies the Subject of the DSB Recommendations and Rulings

8.1.1 Introduction

8.1.2 Main arguments of the parties and third parties

8.1.3 Evaluation by the Panel

8.1.3.1 The allocation of intellectual property rights anddata rights under NASA procurement contractsand under DOD assistance instruments andprocurement contracts

8.1.3.2 The commercial use licence granted under the Boeing Patent Licence Agreements

8.1.3.3 NASA Space Act Agreements at issue in the original proceeding

8.2 Whether the United States Has Failed to Withdraw the Subsidy, Within the Meaning of Article 7.8 of the SCM Agreement, by Granting or Maintaining Certain Post-2006 Subsidies

8.2.1 Introduction

8.2.2 Post-2006 NASA aeronautics R&amp

D measures

8.2.2.1 Introduction

8.2.2.2 The measures at issue

8.2.2.3 Whether there is a financial contribution

8.2.2.4 Whether there is a benefit

8.2.2.5 Whether the subsidy is specific

8.2.2.6 Amount of the subsidy and amount of the financial contribution

8.2.2.7 Conclusion

8.2.3 Post-2006 DOD aeronautics R&amp

8.2.3.1 Introduction

8.2.3.2 The measures at issue

8.2.3.3 Whether there is a financial contribution

8.2.3.4 Whether there is a benefit

8.2.3.5 Whether the subsidy is specific

8.2.3.6 Amount of the subsidy and amount of the financial contribution

8.2.3.7 Conclusion

8.2.4 FAA aeronautics R&amp

D measure

8.2.4.1 Introduction

8.2.4.2 The measure at issue

8.2.4.3 Whether there is a financial contribution

8.2.4.4 Whether there is a benefit

8.2.4.5 Whether the subsidy is specific

8.2.4.6 Amount of the subsidy and amount of the financial contribution

8.2.4.7 Conclusion

8.2.5 Tax exemptions and exclusions under FSC/ETI legislation and successor legislation

8.2.5.1 Introduction

8.2.5.2 Main arguments of the parties.

8.2.5.3 Evaluation by the Panel.

Notes:

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

ISBN:

1-108-99807-0

1-108-99109-2

OCLC:

1295271116