The WTO Case Law of 2003: The American Law Institute Reporters' Studies

doi:10.1017/CBO9780511754463

This book is the third annual report of the American Law Institute (ALI) project on World Trade Organization Law. The project undertakes yearly analysis of the case law from the adjudicating bodies of the WTO. The Reporters' Studies for 2003 cover a wide range of WTO law. Each case is jointly evaluated by well-known experts in trade law and international economics. The reporters critically review the jurisprudence of WTO adjudicating bodies and evaluate whether the ruling 'makes sense' from an economic as well as legal point of view, and if not, whether the problem lies in the interpretation of the law or the law itself. The studies do not cover all issues discussed in a case, but they seek to discuss both the procedural and the substantive issues that form the 'core' of the dispute.

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Contents

Frontmatter
pp i-iv
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Contents
pp v-vi
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Foreword
pp vii-vii
- By Henrik Horn, Petros C. Mavroidis, Lance Liebman, Director, The American Law Institute
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A Note on the American Law Institute
pp viii-viii
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American Law Institute Reporters
pp ix-x
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1 - Introduction
pp 1-10
- By Henrik Horn, Petros C. Mavroidis
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2 - European Communities – Anti-Dumping Duties on Imports of Cotton-Type Bed Linen from India (AB-2000-13, WT/DS141/AB/R:DSR 2003: III, 965): Recourse to Article 21.5 of the DSU by India
pp 11-30
- By Gene M. Grossman, Princeton University, Alan O. Sykes, University of Chicago
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3 - United States – Sunset Review of Anti-Dumping Duties on Corrosion-Resistant Carbon Steel Flat Products From Japan (AB-2003-5, WT/DS244/AB/R): A Legal and Economic Analysis of the Appellate Body Ruling
pp 31-51
- By Robert Howse, University of Michigan Law School, Robert W. Staiger, University of Wisconsin
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4 - United States – Continued Dumping and Subsidy Offset Act of 2000 (WT/DS217/AB/R: DSR 2003:I,375)
pp 52-86
- By Henrik Horn, Institute for International Economic Studies, Stockholm University, Petros C. Mavroidis, Columbia Law School, New York and University of Neuchâtel, Switzerland
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5 - European Community – Antidumping Duties on Malleable Cast Iron Tube or Pipe Fittings from Brazil (WT/DS219/AB/R: DSR 2003:VI, 2613)
pp 87-129
- By Henrik Horn, Institute for International Economic Studies, Stockholm University, Petros C. Mavroidis, Columbia Law School, New York and University of Neuchâtel, Switzerland
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6 - United States – Final Determination with Respect to Certain Softwood Lumber from Canada (AB-2003-6, WT/DS257/AB/R)
pp 130-145
- By Henrik Horn, Institute for International Economic Studies, Stockholm University, Petros C. Mavroidis, Columbia Law School, New York and University of Neuchâtel, Switzerland
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7 - United States – Definitive Safeguard Measures on Imports of Certain Steel Products (WT/DS259; WT/DS252; WT/DS248; WT/DS249; WT/DS251; WT/DS258; WT/DS254; WT/DS253: DSR 2003:VII, 3117)
pp 146-187
- By Gene M. Grossman, Princeton University, Alan O. Sykes, University of Chicago
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8 - Mexico – Measures Affecting Telecommunications Services (WT/DS204/R): A Comment on “El mess in TELMEX”
pp 188-219
- By Damien J. Neven, Graduate Institute of International Studies, Geneva and Centre for Economic Policy Research, London, Petros C. Mavroidis, Columbia Law School, New York and University of Neuchâtel, Switzerland
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9 - European Communities – Conditions for the Granting of Tariff Preferences to Developing Countries (WT/DS246/AB/R)
pp 220-253
- By Gene M. Grossman, Princeton University, Alan O. Sykes, University of Chicago
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10 - United States – Anti-Dumping Act of 1916 (Original Complaint by the European Communities) – Recourse to Arbitration by the United States under 22.6 of the DSU, WT/DS136/ARB, 24 February 2004: A Legal and Economic Analysis
pp 254-279
- By Robert Howse, University of Michigan Law School, Robert W. Staiger, University of Wisconsin
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11 - Japan – Measures Affecting the Importation of Apples (AB-2003-4): One Bad Apple? (DS245/AB/R): A Comment
pp 280-310
- By Damien J. Neven, Graduate Institute of International Studies, Geneva, Joseph H. H. Weiler, Jean Monnet Center for International Economic Law & Justice, New York University School of Law
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Index
pp 311-315
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The WTO Case Law of 2003

The American Law Institute Reporters' Studies

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Contents

Frontmatter
pp i-iv

Contents
pp v-vi

Foreword
pp vii-vii

A Note on the American Law Institute
pp viii-viii

American Law Institute Reporters
pp ix-x

1 - Introduction
pp 1-10

2 - European Communities – Anti-Dumping Duties on Imports of Cotton-Type Bed Linen from India (AB-2000-13, WT/DS141/AB/R:DSR 2003: III, 965): Recourse to Article 21.5 of the DSU by India
pp 11-30

3 - United States – Sunset Review of Anti-Dumping Duties on Corrosion-Resistant Carbon Steel Flat Products From Japan (AB-2003-5, WT/DS244/AB/R): A Legal and Economic Analysis of the Appellate Body Ruling
pp 31-51

4 - United States – Continued Dumping and Subsidy Offset Act of 2000 (WT/DS217/AB/R: DSR 2003:I,375)
pp 52-86

5 - European Community – Antidumping Duties on Malleable Cast Iron Tube or Pipe Fittings from Brazil (WT/DS219/AB/R: DSR 2003:VI, 2613)
pp 87-129

6 - United States – Final Determination with Respect to Certain Softwood Lumber from Canada (AB-2003-6, WT/DS257/AB/R)
pp 130-145

7 - United States – Definitive Safeguard Measures on Imports of Certain Steel Products (WT/DS259; WT/DS252; WT/DS248; WT/DS249; WT/DS251; WT/DS258; WT/DS254; WT/DS253: DSR 2003:VII, 3117)
pp 146-187

8 - Mexico – Measures Affecting Telecommunications Services (WT/DS204/R): A Comment on “El mess in TELMEX”
pp 188-219

9 - European Communities – Conditions for the Granting of Tariff Preferences to Developing Countries (WT/DS246/AB/R)
pp 220-253

10 - United States – Anti-Dumping Act of 1916 (Original Complaint by the European Communities) – Recourse to Arbitration by the United States under 22.6 of the DSU, WT/DS136/ARB, 24 February 2004: A Legal and Economic Analysis
pp 254-279

11 - Japan – Measures Affecting the Importation of Apples (AB-2003-4): One Bad Apple? (DS245/AB/R): A Comment
pp 280-310

Index
pp 311-315

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The American Law Institute Reporters' Studies

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