2020-01-14
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| Time(0 = start of case) | Target/ actual period | Date | Action |
| -5 years | 1990 | US Clean Air Act amended | |
| -4 months | September 1994 | US restricts gasoline imports under Clean Air Act | |
| 0 | “60 days”
| 23 January 1995 | Venezuela complains to Dispute Settlement Body, asks for consultation with US |
| +1 month | 24 February 1995 | Consultations take place. Fail. | |
| +2 months | 25 March 1995 | Venezuela asks Dispute Settlement Body for a panel | |
| +2½ months | “30 days” | 10 April 1995 | Dispute Settlement Body agrees to appoint panel. US does not block. (Brazil starts complaint, requests consultation with US.) |
| +3 months | 28 April 1995 | Panel appointed. (31 May, panel assigned to Brazilian complaint as well) | |
| +6 months | 9 months (target is 6-9) | 10-12 July and 13-15 July 1995 | Panel meets |
| +11 months | 11 December 1995 | Panel gives interim report to US, Venezuela and Brazil for comment | |
| +1 year | 29 January 1996 | Panel circulates final report to Dispute Settlement Body | |
| +1 year, 1 month | 21 February 1996 | US appeals | |
| +1 year, 3 months | “60 days” | 29 April 1996 | Appellate Body submits report |
| +1 year, 4 months | “30 days” | 20 May 1996 | Dispute Settlement Body adopts panel and appeal reports |
| +1 year, 10½ months | 3 December 1996 | US and Venezuela agree on what US should do (implementation period is 15 months from 20 May) | |
| +1 year, 11½ months | 9 January 1997 | US makes first of monthly reports to Dispute Settlement Body on status of implementation | |
| +2 years, 7 months | 19-20 August 1997 | US signs new regulation (19th). End of agreed implementation period (20th) |
Questions
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1. Adjudicating vs. negotiating vs. negotiating international trade disputes – pros and cons?
2. How does the WTO dispute settlement procedure work?
3. Explain the concepts of reverse consensus and of cross-retaliation.
4. Who may participate in WTO dispute settlement procedure?
5. Are WTO Panels bound by earlier GATT/WTO decisions?
References
1. John H. Jackson, The World Trading System: Law and Policy of International Economic Relations (2nd ed., Cambridge, MA: MIT Press, 1997). p. 107-137.
2. Jackson/Davey/Sykes, 327-371.
3. Trading into the Future – WTO, 3rd edition, Revised August 2003
Lecture 9. Regulation of Agricultural Trade
