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Accession to the World Trade Organization

A Legal Analysis

Dylan Geraets

This detailed and perceptive book examines the extent and scope of how rules for accession to the WTO may vary between countries, approaching the concerns that some countries enter with a better deal than others. Dylan Geraets critiques these additional ‘rules’ and aims to answer the question of whether new Members of the WTO are under stricter rules than the original Members, whilst analysing the accession process to the multilateral trading system.
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Table of cited WTO and GATT dispute settlement reports

A Legal Analysis

Dylan Geraets

GATT Cases

 

EEC – Bananas II, GATT Panel Report, EEC – Import Regime for Bananas, DS38/R, 11 February 1994, unadopted 104

Jamaica – Margins of Preference, GATT Panel Report, Jamaica – Margins of Preference, L/3485, adopted 2 February 1971, BISD 18S, p. 183 101

Norway – Apples and Pears, GATT Panel Report, Norway – Restrictions on Imports of Apples and Pears, L/6474, adopted 22 June 1989, BISD 36S, p. 306 103–104

Spain – Soyabean Oil, GATT Panel Report, Spain – Measures Concerning Domestic Sale of Soyabean Oil – Recourse to Article XXIII:2 by the United States, L/5142, 17 June 1981, unadopted 101–102

Thailand – Cigarettes, GATT Panel Report, Thailand – Restrictions on Importation of and Internal Taxes on Cigarettes, DS10/R, adopted 7 November 1990, BISD 37S, p. 200 104

Uruguay – Recourse to Article XXIII, GATT Panel Report, Uruguayan Recourse to Article XXIII, L/1923, adopted 16 November 1962, BISD 11S, p. 95 100, 101

US – Manufacturing Clause, GATT Panel Report, United States Manufacturing Clause, L/5609, adopted 15 May 1984, BISD 31S, p. 74 102, 103

WTO Cases

 

Argentina – Footwear (EC), Appellate Body Report, Argentina – Safeguard Measures on Imports of Footwear, WT/DS121/AB/R, adopted 12 January 2000, DSR 2000:I, p. 515 129

Brazil – Desiccated Coconut, Appellate Body Report, Brazil – Measures Affecting Desiccated Coconut, WT/DS22/AB/R, adopted 20 March 1997, DSR 1997:I, p. 167 76

Brazil – Retreaded Tyres, Appellate Body Report, Brazil – Measures Affecting Imports of Retreaded Tyres, WT/DS332/AB/R, adopted 17 December 2007, DSR 2007:IV, p. 1527 142, 145

Canada – Renewable Energy/Canada – Feed-In Tariff, Appellate Body Reports, Canada – Certain Measures Affecting the Renewable Energy Generation Sector/Canada – Measures Relating to the Feed-In Tariff Program, WT/DS412/AB/R/WT/DS426/AB/R, adopted 24 May 2013, DSR 2013:I, p. 7 147

Canada – Renewable Energy/Canada – Feed-In Tariff, Panel Reports, Canada – Certain Measures Affecting the Renewable Energy Generation Sector/Canada – Measures Relating to the Feed-In Tariff Program, WT/DS412/R and Add.1/WT/DS426/R and Add.1, adopted 24 May 2013, as modified by Appellate Body Reports WT/DS412/AB/R/WT/DS426/AB/R, DSR 2013:I, p. 237 147

China – Auto Parts, Appellate Body Reports, China – Measures Affecting Imports of Automobile Parts, WT/DS339/AB/R/WT/DS340/AB/R/WT/DS342/AB/R, adopted 12 January 2009, DSR 2009:I, p. 3 5, 196

China – Auto Parts, Panel Reports, China – Measures Affecting Imports of Automobile Parts, WT/DS339/R, Add.1 and Add.2/WT/DS340/R, Add.1 and Add.2/WT/DS342/R, Add.1 and Add.2, adopted 12 January 2009, upheld (WT/DS339/R) and as modified (WT/DS340/R/WT/DS342/R) by Appellate Body Reports WT/DS339/AB/R/WT/DS340/AB/R/WT/DS342/AB/R, DSR 2009:I, p. 119 112, 114, 120

China – Electronic Payment Services, Panel Report, China – Certain Measures Affecting Electronic Payment Services, WT/DS413/R and Add.1, adopted 31 August 2012, DSR 2012:X, p. 5305 5

China – Publications and Audiovisual Products, Appellate Body Report, China – Measures Affecting Trading Rights and Distribution Services for Certain Publications and Audiovisual Entertainment Products, WT/DS363/AB/R, adopted 19 January 2010, DSR 2010:I, p. 3 5, 99, 114, 120, 141, 149, 169, 170, 171, 173, 174, 184, 185, 186, 188

China – Publications and Audiovisual Products, Panel Report, China – Measures Affecting Trading Rights and Distribution Services for Certain Publications and Audiovisual Entertainment Products, WT/DS363/R and Corr.1, adopted 19 January 2010, as modified by Appellate Body Report WT/DS363/AB/R, DSR 2010:II, p. 261 64, 113, 114, 120, 168, 169, 185, 186

China – Rare Earths, Appellate Body Reports, China – Measures Related to the Exportation of Rare Earths, Tungsten, and Molybdenum, WT/DS431/AB/R/WT/DS432/AB/R/WT/DS433/AB/R, adopted 29 August 2014 5, 57–58, 58, 59, 115, 122, 127, 129, 130, 135, 179–187, 203, 212, 276

China – Rare Earths, Panel Reports, China – Measures Related to the Exportation of Rare Earths, Tungsten, and Molybdenum, WT/DS431/R and Add.1/WT/DS432/R and Add.1/WT/DS433/R and Add.1, adopted 29 August 2014, upheld by Appellate Body Reports WT/DS431/AB/R/WT/DS432/AB/R/WT/DS433/AB/R 122, 176, 177–179, 186, 276, 284

China – Raw Materials, Appellate Body Reports, China – Measures Related to the Exportation of Various Raw Materials, WT/DS394/AB/R/WT/DS395/AB/R/WT/DS398/AB/R, adopted 22 February 2012, DSR 2012:VII, p. 3295 5, 99, 143, 144, 174, 176, 178, 186, 212, 276, 284

China – Raw Materials, Panel Reports, China – Measures Related to the Exportation of Various Raw Materials, WT/DS394/R, Add.1 and Corr.1/WT/DS395/R, Add.1 and Corr.1/WT/DS398/R, Add.1 and Corr.1, adopted 22 February 2012, as modified by Appellate Body Reports WT/DS394/AB/R/WT/DS395/AB/R/WT/DS398/AB/R, DSR 2012:VII, p. 3501 64–65, 80, 114, 115, 144, 145, 150, 173, 174, 176, 186, 218, 276

Colombia – Textiles, Panel Report, Colombia – Measures Relating to the Importation of Textiles, Apparel and Footwear, WT/DS461/R and Add.1, circulated to WTO Members 27 November 2015, p. 141 142

EC – Asbestos, Panel Report, European Communities – Measures Affecting Asbestos and Asbestos Containing Products, WT/DS135/R and Add. 1, adopted 5 April 2001, as modified by Appellate Body Report WT/DS135/AB/R 140, 285

EC – Bananas III (Article 21.5 – Ecuador II)/EC – Bananas III (Article 21.5 – US), Appellate Body Reports, European Communities – Regime for the Importation, Sale and Distribution of Bananas – Second Recourse to Article 21.5 of the DSU by Ecuador, WT/DS27/AB/RW2/ECU, adopted 11 December 2008, and Corr.1/European Communities – Regime for the Importation, Sale and Distribution of Bananas – Recourse to Article 21.5 of the DSU by the United States, WT/DS27/AB/RW/USA and Corr.1, adopted 22 December 2008, DSR 2008:XVIII, p. 7165 194

EC – Chicken Cuts, Appellate Body Report, European Communities – Customs Classification of Frozen Boneless Chicken Cuts, WT/DS269/AB/R/WT/DS286/AB/R, adopted 27 September 2005, and Corr.1, DSR 2005:XIX, 9157 196

EC – Fasteners (China), Appellate Body Report, European Communities – Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China, WT/DS397/AB/R, adopted 28 July 2011, DSR 2011:VII, p. 3995 255–256, 257

EC – Fasteners (China), Panel Report, European Communities – Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China, WT/DS397/R and Corr.1, adopted 28 July 2011, as modified by Appellate Body Report WT/DS397/AB/R, DSR 2011:VIII, p. 4289 265

EC – Fasteners (China) (21.5), Appellate Body Report, European Communities – Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China – Recourse to Article 21.5 of the DSU by China, WT/DS397/AB/RW and Add.1, adopted 12 February 2016 258

EC – Seal Products, Appellate Body Reports, European Communities – Measures Prohibiting the Importation and Marketing of Seal Products, WT/DS400/AB/R/WT/DS401/AB/R, adopted 18 June 2014 140, 141, 145

EU – Biodiesel, Appellate Body Report, European Union – Anti-Dumping Measures on Biodiesel from Argentina, WT/DS473/AB/R, adopted 26 October 2016 271

EU – Biodiesel, Panel Report, European Union – Anti-Dumping Measures on Biodiesel from Argentina, WT/DS473/R, adopted 26 October 2016, as modified by Appellate Body Report WT/DS473/AB/R 271

EU – Footwear, Panel Report, European Union – Anti-Dumping Measures on Certain Footwear from China, WT/DS405/R, adopted 22 February 2012, DSR 2012:IX, p. 4585 5, 117, 258

Guatemala – Cement I, Appellate Body Report, Guatemala – Anti-Dumping Investigation Regarding Portland Cement from Mexico, WT/DS60/AB/R, adopted 25 November 1998, DSR 1998:IX, p. 3767 130

Japan – Alcoholic Beverages II, Appellate Body Report, Japan – Taxes on Alcoholic Beverages, WT/DS8/AB/R/WT/DS10/AB/R, WT/DS11/AB/R, adopted 1 November 1996, DSR 1996:I, p. 97 217

Peru – Agricultural Products, Appellate Body Report, Peru – Additional Duty on Imports of Certain Agricultural Products, WT/DS457/AB/R and Add.1, adopted 31 July 2015 194

Ukraine, Armenia – Measures Affecting the Importation and Internal Sale of Cigarettes and Alcohol Beverages, WT/DS411/2/Rev.1, 8 October 2010 110

US – Anti-Dumping and Countervailing Duties (China), Appellate Body Report, United States – Definitive Anti-Dumping and Countervailing Duties on Certain Products from China, WT/DS379/AB/R, adopted 25 March 2011, DSR 2011:V, p. 2869 5, 50, 127

US – Anti-Dumping and Countervailing Duties (China), Panel Report, United States – Definitive Anti-Dumping and Countervailing Duties on Certain Products from China, WT/DS379/R, adopted 25 March 2011, as modified by Appellate Body Report WT/DS379/AB/R, DSR 2011:VI, p. 3143 127

US – Carbon Steel, Panel Report, United States – Countervailing Duties on Certain Corrosion-Resistant Carbon Steel Flat Products from Germany, WT/DS213/R and Corr.1, adopted 19 December 2002, as modified by Appellate Body Report WT/DS213/AB/R, DSR 2002:IX, p. 3833 177

US – Clove Cigarettes, Appellate Body Report, United States – Measures Affecting the Production and Sale of Clove Cigarettes, WT/DS406/AB/R, adopted 24 April 2012, DSR 2012: XI, p. 5751 134

US – Clove Cigarettes, Panel Report, United States – Measures Affecting the Production and Sale of Clove Cigarettes, WT/DS406/R, adopted 24 April 2012, as modified by Appellate Body Report WT/DS406/AB/R, DSR 2012: XI, p. 5865 285

US – COOL, Panel Reports, United States – Certain Country of Origin Labelling (COOL) Requirements, WT/DS384/R/WT/DS386/R, adopted 23 July 2012, as modified by Appellate Body Reports WT/DS384/AB/R/WT/DS386/AB/R, DSR 2012:VI, p. 2745 285

US – Countervailing and Anti-Dumping Measures (China), Appellate Body Report, United States – Countervailing and Anti-Dumping Measures on Certain Products from China, WT/DS449/AB/R and Corr.1, adopted 22 July 2014, DSR 2014:VIII, p. 3027 235

US – Gasoline, Appellate Body Report, United States – Standards for Reformulated and Conventional Gasoline, WT/DS2/AB/R, adopted 20 May 1996, DSR 1996:I, p. 3 1, 109, 140, 141, 145–146

US – Shrimp, Appellate Body Report, United States – Import Prohibition of Certain Shrimp and Shrimp Products, WT/DS58/AB/R, adopted 6 November 1998, DSR 1998:VII, p. 2755 143, 145

US – Shrimp II (Vietnam), Appellate Body Report, United States – Anti-Dumping Measures on Certain Shrimp from Viet Nam, WT/DS429/AB/R, adopted 22 April 2015, and Corr.1 118

US – Shrimp II (Vietnam), Panel Report, United States – Anti-Dumping Measures on Certain Shrimp from Viet Nam, WT/DS429/R and Add.1, adopted 22 April 2015, upheld by Appellate Body Report WT/DS429/AB/R 118, 150, 265, 266, 299–300

US – Shrimp (Viet Nam), Panel Report, United States – Anti-Dumping Measures on Certain Shrimp from Viet Nam, WT/DS404/R, adopted 2 September 2011, DSR 2011:X, p. 5301 110

US – Tuna II (Mexico), Appellate Body Report, United States – Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products, WT/DS381/AB/R, adopted 13 June 2012 81

US – Tuna II (Mexico), Panel Report, United States – Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products, WT/DS381/R, adopted 13 June 2012, modified by Appellate Body Report WT/DS381/AB/R 285

US – Tyres (China), Appellate Body Report, United States – Measures Affecting Imports of Certain Passenger Vehicle and Light Truck Tyres from China, WT/DS399/AB/R, adopted 5 October 2011, DSR 2011:IX, p. 4811 5, 192, 193, 244

US – Tyres (China), Panel Report, United States – Measures Affecting Imports of Certain Passenger Vehicle and Light Truck Tyres from China, WT/DS399/R, adopted 5 October 2011, upheld by Appellate Body Report WT/DS399/AB/R, DSR 2011:IX, p. 4945 191–192, 244, 245